Courtroom fight should not be left unpunished

By The Editorial Board 11 December 2024, 10:00AM

The behaviour inside a courtroom of the Land and Titles Court can only be described as hooliganism. No respect was shown for the law and the etiquette expected inside a courtroom.

A fight between villagers from the Sagaga district erupted inside the Lands and Titles Courtroom last Thursday disrupting proceedings in an open display of disregard for the rule of law. The disagreement unfolded between certain families from Leauvaa, Tuanai and Afega in a case presided over by the Deputy President of Land and Titles Court (L.T.C.) Afamasaga Michael Soonalole.

It started as a verbal spat between senior matai from the parties during submissions and escalated when supporters at the back of the court took matters into their own hands by throwing punches.

The court is a sacred place and while the fight last week cannot be called sacrilegious it is still the desecration of the rule of law. This behaviour cannot be left unpunished otherwise it sends a dangerous signal. It would suggest to others that such antics are tolerated.

Understandably, some LTC matters do not require lawyers as the matters are disputes between warring factions within one family. However, a guideline is needed where the person presenting the matters to the judge sticks to facts and not theatrics. This incident could be a good time to implement changes where lawyers should be required for all cases.

This way, all facts would be submitted through submissions either oral or written in a manner that would observe proper court etiquette without instigating fights. This step has to be taken if people keep appearing in court with other motives rather than just presenting a case before the court.

Another lesson from the incident last Thursday is the provision of security inside the LTC courtrooms. Land matters are always sensitive. They will ignite emotions such as anger, therefore, the Samoa Police needs an adequate number of officers on duty. If this cannot be achieved, the number of people allowed inside the courtroom should be limited to four or five each from one side. There were three police officers there, obviously outnumbered by the people involved in the fight.

The police need to identify the perpetrators and charge the people involved. This action would remind people that a certain behaviour is expected inside the court as during a church service or a traditional ceremony.

The actions of the people involved are contempt of the court and the rule of law. No court allows such behaviour. Contempt of court, often referred to simply as "contempt", is the crime of being disobedient to or disrespectful toward a court of law and its officers in the form of behaviour that opposes or defies the authority, justice, and dignity of the court. Isn't that what transpired last Thursday?

What happened inside that courtroom should have never happened. Violence is never the answer to any situation. We are quick to use the line, “Samoa was founded on God,” but forget the values of Christianity when it does not suit us. The LTC is a judicial system to resolve land and traditional title disputes amicably and without violence or bloodshed.

The courts need to condemn this behaviour and stop these acts once and for all. Charge the people implicated and hold them accountable for making a mockery of the court and the rule of the law. 

Do not let this go unpunished.

By The Editorial Board 11 December 2024, 10:00AM
Samoa Observer

Upgrade to Premium

Subscribe to
Samoa Observer Online

Enjoy unlimited access to all our articles on any device + free trial to e-Edition. You can cancel anytime.

>