The Supreme Court has ruled in favour of the 'no case to answer' submission for treating allegations in the Vaimauga No.3 election petition but there is a 'case to answer' for bribery allegations.

Witnesses continued to take the stand as evidence was given.

Counsel for respondent, Laga’aia Fetu Laga’aia informed the Court after the first day of the hearing that he would apply for a no case to answer on the grounds that there was no particular evidence to support the allegations.

The electoral petition was filed by Human Rights Protection Party (H.R.P.P.)'s defeated candidate, Samau Leatigagaeono Timani against the winner of last February’s by-election for the Vaimauga 3 constituency, Lautimuia Afoa Vaai.

The court's decision comes on the back of two witnesses for the petitioner who took the stand on Tuesday and the Court’s rejection of the affidavits of four other witnesses for the petitioner.

Presiding Senior Justice Vui Clarence Nelson and Justice Leiataualesa Daryl Clarke announced in court that the rejection of the affidavits were results of the affidavits being filed out of time and copies presented to the court were not sworn in.

Last week, the Electoral Court denied an application by the respondent’s lawyer, Laga’aia Fetu Laga’aia’s for an extension of time to allow two of his witnesses supporting affidavit that were filed out of time.

In rejecting the four affidavits on Tuesday, Justice Nelson said the court had to be consistent with its earlier decision on affidavits filed out of time.

Central to the petition was the allegation that the $5000 and food given by the F.A.S.T. party to the Vaimauga 3 district during their roadshow in support of their candidate Lautimuia on 17 February 2023 amounted to bribery and treating.

Meanwhile, the respondent's witnesses on Wednesday were called up to the stand for their presentations and the case still continues.

On the first day on of the trial on Tuesday, the first witness to appear in the petition was a 46-year-old woman who said she believed giving money to the constituency constitutes bribery.

Terisa Coffin from Magiagi and Vaivase, who was present at the roadshow in the lead-up to the by-election, is of the belief that the $5,000 given during an exchange between the F.A.S.T. party and the constituency is bribery.

She added that the roadshow was led by the F.A.S.T party on 17 February this year and was conducted at the Magiagi Congregational Christian Church Samoa (C.C.C.S.) hall in Magiagi where traditional forms of exchange took place.

The witness presented the court with video evidence showing the conclusion of the roadshow and the exchanges at the C.C.C.S church hall in Magiagi including the F.A.S.T party giving the $5,000 to the constituency.

"I confirm that in this video, it comprises every detail of what happened on that day including myself when I stood up to ask a question during the roadshow, in this video," the witness said in her official testimony.

"I believe that the $5,000 given by the F.A.S.T party to the constituency is an act of bribery as there are certain things and events where such exchange is not appropriate."

The video evidence is a YouTube livestream video by F.A.S.T. Chairman, Laauli Polataivao Schmidt.