Malifa v Sapolu [1998] WSCA 1; 06 1997 (4 March 1998)

IN THE COURT OF APPEAL OF SAMOA
HELD AT APIA

C.A. 6/97

BETWEEN

SAVEA SANO MALIFA
of Vaitele and
FUIMAONO FERETI TUPUA
of Alafua
Appellants

AND

KATALAINA MAKA SAPOLU
of Afiamalu, Barrister and Solicitor
First Respondent

AND

TOFILAU ETI ALESANA
of Leufisa, Prime Minister
Second Respondent

Coram: The Rt Hon. The Lord Cooke of Thorndon, President
The Rt Hon. Sir Maurice Casey
The Hon. Sir Ian Barker

Hearing: 4 March 1998

Counsel: L.L. Stevens Q.C. and H.J. Schuster for Appellants
M.S. Jacobs Q.C. and S. Jacobs for Respondents

Judgment: 4 March 1998

JUDGMENT OF THE COURT ON APPEAL FROM
REFUSAL OF REMOVAL ORDER

In all the circumstances of the case, and bearing in mind in particular the constitutional rights of the defendants under Art. 13(1)(a) of the Constitution as qualified by Art. 13.(2), the Court allows the present appeal to the extent only of directing that there be removed into this Court and argued at 10 a.m. tomorrow the following question:

Whether the allegedly defamatory matters specified by the information are reasonably capable of being regarded as sufficiently serious to justify the application of the law of criminal libel.

In the event of our so ordering, counsel for the appellants did not wish to pursue any other grounds of appeal. In all other respects the appeal is accordingly dismissed.

Our reasons for the present decision will be incorporated in the reasons for the decision reached after the hearing of the argument directed.

Solicitors:
Fepulea'i Law Office, Apia, for Appellants
Katalaina M. Sapolu, Apia, for Respondents