The Electoral Court has given notice that future election petitions will attract full indemnity costs for all parties before the proceedings get underway.

The decision of the court was outlined in its judgment handed down last Friday after the hearing of the Vaimauga No. 3 by-election petition in February this year. The decision was delivered by Senior Supreme Court Justice Vui Clarence Nelson and Justice Leiataualesa Daryl Clarke.

The petition was filed by the defeated Human Rights Protection Party (H.R.P.P.) candidate, Samau Leatigagaeono Timani against the by-election victory of the Fa’atuatua i le Atua Samoa ua Tasi (F.A.S.T.) candidate and current Vaimauga No. 3 M.P. Lautimuia Uelese Vaa'i.

In its decision last Friday, the court said it has dismissed the allegations by the petitioner Samau in its entirety as they were not proven beyond a reasonable doubt. The counter-petition filed by the incumbent M.P. against his rival also suffered the same fate.

"The petition and to some extent the counter-petition, in this case, should not in our view have been brought, they are deficient in both fact and appreciation of basic customary practices and our tu and aganuu faa-Samoa (Samoan customs and practices)," the two Justices' verdict read. 

"The court's time could have been more productively utilised on resolving genuinely litigable disputes. We serve notice that future spurious allegations of this nature may result in awards of full indemnity costs. 

All that prevents us here is the fact that this would represent a radical departure from the petition cases that arose out of the 2021 general elections. In the circumstances, any deposits paid by the parties are to be forfeited as court costs and each party is to bear the remainder of their own costs."

The petitioner Samau brought the petition pursuant to Part 14 of the Electoral Act 2019 challenging the result of the by-election, alleging that Lautimuia was guilty of the corrupt practices of bribery and treating pursuant to sections 94, 96 & 97 of the Act. 

However, in the discussion of the case, the court accepted that SAT$5,000 presented by F.A.S.T. at a roadshow on 17 February 2023, one week prior to the by-election presented to the constituency was given in response (‘tali faaaloalo’) to an ‘ava oso’ and substantial presentations from the constituency. 

"This is an accepted cultural practice as is an ‘ava oso’ for visitors. It is also notable that the customary processes at issue were initiated by the hosts of the occasion.

"The amount given by F.A.S.T. to ‘tali faaaloalo’ is also relevant. The constituency presented to the Prime Minister, Speaker of the Legislative Assembly, Deputy Prime Minister, Cabinet Ministers, Chairman of F.A.S.T., and the F.A.S.T. party in total the sum of $7,000 plus large fine mats and other gifts of value.

"In response, F.A.S.T. gave the constituency $5,000 F.A.S.T. gave substantially less than, and its members received in money, fine mats, and gifts. There was evidence that they had to resort to the $7,000 cash given to make up their $5,000. To fail to reciprocate would be an affront to customary etiquette and a huge public embarrassment for the party. 

"The suggestion that FAST had some other option available is unrealistic and inconsistent with our tu and aga faa-Samoa. The amount presented was not excessive in the circumstances. We are not satisfied that the $5,000 presented was with the corrupt intention of inducing voters nor are we satisfied that the method employed was corrupt. This allegation has not been proved beyond a reasonable doubt."

For the allegations of corrupt practice by Lautimuia against a sitting Member of Parliament, Lealailepule Rimoni Aiafi who was accused of acting as an agent for Samau and allegedly gave SAT$100 each to two voters of Vaimauga No.3. the court found that the allegations were unwavering. 

"We are not satisfied beyond a reasonable doubt that SAT$100 was paid by Aiafi to Talia and Kennach as alleged. These allegations have not been proven beyond a reasonable doubt."

The court decision last Friday reaffirmed Lautimuia's position as the Member of Parliament for Vaimauga No. 3.