Ministry holds special sitting for retiring Justices

By Matai'a Lanuola Tusani T - Ah Tong 28 November 2023, 5:27PM


A special sitting was held this week by the Ministry of Justice and Courts Administration in honour of two Court of Appeal judges who served on the bench for many years and have now retired. 

The New Zealand-based jurists are Justice Robert Llyod Fisher (KC) and Justice Sir Peter Blanchard who presided over the Samoa Court of Appeal for the last time this week. 

The Chief Justice of Samoa, His Honour Satiu Simativa Perese, Attorney General, Su’a Hellene Wallwork and President of the Samoa Law Society, Alex Su’a paid tribute to the legacy of the justices. 

Judges of the Supreme Court, District Court and the Land and Titles Court (L.T.C.) as well as Cabinet Ministers and Samoa government officials attended the special sitting. 

According to the Attorney General since 1982 there have been about 290 reported judgments from the Court of Appeal. 

Justice Fisher presided over more than 150 of those cases and has been on the bench since 2008. His Honour presided as President of the Court of Appeal in more than 80 of those cases.  

Su’a said the year that Justice Fisher sat on the Court of Appeal bench was the same year that Supreme Court Justices were first appointed to sit on the Court of Appeal panel, which was a major development and a notable milestone for the local judiciary. 

Justice Blanchard joined the bench in 2013 as a retired Judge of the Highest Court in New Zealand and a former member of the Privy Council of the United Kingdom. 

The Attorney General said Justice Blanchard has presided over more than 40 appeal cases in Samoa that dealt with a breadth of legal matters ranging from serious criminal cases, and complex commercial disputes to constitutional law matters.   

Aside from his Honour’s role as a Judge of Samoa's Court of Appeal, Su’a recalled that in 2013 and 2014, Justice Blanchard generously offered his time to assist the Samoa Law Reform Commission in reviewing the Property Law Act. 

“Your Honours brought with you a wealth of experience and expertise to serve the people of Samoa,” she told the gathering. “You certainly did not do this for the money because we did not pay you very much, if indeed, at all. 

“I believe you did it out of your passion for the development of the laws, the pursuit of justice and your love for Samoa and her people.

“As your Honours take your retirement from the Court of Appeal of Samoa, you leave behind your legacy of developed jurisprudence and caselaw authorities that will be cited for years to come. The words of wisdom you have generously shared with us over the years will always be remembered.” 

Chief Justice Perese also extended a thank you note to the Justices for their respect “for our values and way of life”. 

“People of Samoa will look for your wisdom, the wisdom in your decisions for what you say about the law for many years to come.” 

Justice Fisher and Justice Blanchard thanked the Court staff that have supported their work during their time as well as the warm welcome from the Judges.

In addition, the retired Justices paid tribute to the courage shown by the Samoan judiciary during the 2021 Constitutional Crisis. 

Justice Fisher said when a society is put at risk “the judges have stood up at considerable personal cost and have upheld the rule of law in a way which has been admired far beyond Samoa”. 

He added he was proud to be part of that and aligned himself with the judiciary of Samoa. 

Justice Blanchard also shared the same view and support for the judiciary during the turbulence that followed the 2021 General Election.

“From afar I have been deeply impressed by the solid  manner in which your judges under the great leadership of Chief Justice Perese have recently coped with what must have been an immensely stressful and upsetting constitutional crisis.” 

The retired Justices were presented with a tanoa bowl and ulafala as gifts which symbolised the strength of the bond they had with the Samoan judiciary. 

By Matai'a Lanuola Tusani T - Ah Tong 28 November 2023, 5:27PM
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