Laki v Pa'u [2001] WSSC 35 (31 August 2001)

IN THE SUPREME COURT OF SAMOA
HELD AT APIA

IN THE MATTER
of the Electoral Act 1963 and its Amendments.

AND

IN THE MATTER
of an Election Petition by LEANAPAPA against the election
of LETOA SEFO PA'U to represent the Territorial Constituency of Faasaleleaga No. 2.

BETWEEN

LANAPAPA LAKI
of Fusi Safotulafai, a candidate for election.
Petitioner

AND

LETOA SEFO PA'U
of Safotulafai, a candidate for election.
Respondent

Coram: Sapolu CJ Vaai J Nelson J

Counsel: Mr TK Enari for the petitioner
Mr TPRS Toailoa for the first respondent

Conclusions: 31 August 2001

CONCLUSIONS OF THE COURT DELIVERED BY SAPOLU CJ

The Court has considered all of the evidence in this case in relation to the allegations of bribery as well as the allegations that a number of the electors who voted for the territorial constituency of Faasaleleaga No. 2 were not qualified to vote as such as made by the petitioner.

As this has been a prolonged matter and everyone concerned must be eager to know the outcome of these proceedings, the Court has decided to deliver the conclusions it has reached today. It's full judgment and reasons will be delivered in writing to counsel in due course.

These are the conclusions the Court has reached on the hearing of this petition:

In relation to the allegations of bribery in ground 5 of the petition the Court has found the allegation of bribery in paragraph (a) not to have been proved beyond reasonable doubt. That allegation is therefore dismissed.

As to the allegations of bribery in (b), (c) and (d) of paragraph 5 of the petition, the Court has found those allegations to have been proved beyond reasonable doubt.

In respect of the electors the petitioner alleged not to have been qualified to vote for the Faasaleleaga No. 2 territorial constituency in the general election held on 2 March, 2001, the Court has found that 362 of those electors were in fact not qualified. Of that number of unqualified electors, 43 voted for the petitioner and 319 voted for the respondent. The Court has subtracted the votes of those electors from the total number of votes each of the petitioner and the respondent was officially declared to have polled on election day. This has resulted in a new total of formal votes for each of the petitioner and the respondent as follows:

(a)the petitioner is found to have polled 867 formal votes

(b)the respondent is found to have polled 750 formal votes

Thus the petitioner polled 117 formal votes more than the respondent.

All in all then, the election of the respondent is declared void on the ground of the allegations of bribery proved against him. The petitioner who polled the majority of formal votes is declared to be duly elected as Member of Parliament for the territorial constituency of Faasaleleaga No. 2.

Costs of $3,000 are awarded to the petitioner against the respondent.

The Court will report its findings to the Honourable Mr Speaker.

SAPOLU CJ
VAAI J
NELSON J

Solicitors:
Kruse, Enari & Barlow for the petitioner
Toailoa & Associates for the respondent