Faitua v Vaelupe [2011] WSSC 44 (29 April 2011)

IN THE SUPREME COURT OF SAMOA
HELD AT MULINUU

IN THE MATTER: of the Territorial Constituency of Vaisigano No. 1

BETWEEN:

TUFUGA GAFOALEATA FAITUA of Asau, a candidate for election
Petitioner

AND:

VAAI PAPU VAELUPE of Vaisala, a candidate for election
Respondent

Coram: Honourable Chief Justice Sapolu
Honourable Justice Slicer

Counsel: S Wulf for Petitioner
R Schuster and J Annandale for Respondent

Hearing: 12 – 15, 18 and 21 April 2011

Orders: 29 April 2011

ORDERS OF THE COURT

1. The Court has reached its decision in this matter. It will pronounce its decision and publish our reasons which require some editing shortly.
   
2. We find that the Petitioner has proved to the requisite degree Grounds 1, 2 and 3 of the Petition and the Court finds the Respondent guilty of the corrupt practice of Bribery on the three acts alleged and one of treating on Ground 1.
   
3. We are not satisfied to the requisite degree that the Respondent has proved the allegations in his counter-allegations against the Petitioner of the corrupt practices of undue influence and treating, and dismiss the cross-allegations.
   
4. We will report our findings to the Honourable Speaker of the Legislative Assembly.
   

ORDERS

(1) The Petition is upheld; and

(2) The Respondent is guilty of the corrupt practices of Bribery and Treating.

(3) The election for the Constituency of Vaisigano No. 1 is avoided.

(4) The counter or cross-allegations against the Petitioner are dismissed.

(5) The parties are to file and serve submissions as to costs within seven (7) days.

Honourable Chief Justice Sapolu

Honourable Justice Slicer