MP and others fined for contempt of court

By Matai'a Lanuola Tusani T - Ah Tong 20 February 2025, 1:00PM

The Member of Parliament for Sagaga No.2 Maulolo Tavita Amosa was a relieved man after the Supreme Court slapped him and others from Afega with only a $2,000 fine for contempt of court. 

Maulolo, businessman Ututaaloga Charlie Ulia, Fata Roketi and Vaafai Tolutasi were found guilty of contempt of court for violating court orders dated 11 October 2024. 

The applicant in the proceeding is Sala Fili Lauano of Leauva’a and others on behalf of the village council. 

Critical to the penalty handed down by Chief Justice Satiu Simativa Perese on Wednesday was the respondents' decision to cease their “dangerous, intimidating and ugly behaviour” towards people living on disputed land in Leauvaa. 

The MP has accepted the fine stressing the verdict from the Chief Justice would maintain the peace between the villages in a land ownership dispute that dates back 70 years. 

“The problematic laws have sandwiched and affected us,” said Maulolo outside court shortly after the sentence. 

He also spoke about an apology letter to the court for breaching orders.

“The court is understanding of the circumstances in our matter that is not easy and the decision is on the spirit of adhering to peace.” 

The respondents were fined $2000 each payable to the registrar within 14 days. 

The Chief Justice said he regards the anarchic behaviour as troubling and needs to send a strong message to denounce such behaviour. 

“The respondents have generally sought to characterise their actions as arising from their inability to control themselves, frustrated at how long it is taking for their matter to be finally resolved in court,” he said in his ruling. 

“Even if that is so, it does not excuse actions of intimidation and bullying. 

“Let me be clear - there are literally dozens of other appeals which have not been able to be heard in the Land and Titles Court of Appeal and Review because of the gap in the law; it would appear that it is good enough for those parties and villages to those appeals to show restraint and I acknowledge and congratulate the leading matai of those parties for showing leadership.”

The breaches in this case, said Chief Justice Perese warrant more than an admonishment or telling off. 

Although there was no name-calling and insulting of judges, he considered it extremely serious that the court’s orders, which were intended to maintain peace were deliberately breached. 

“That is the way of anarchy. People’s properties were damaged by bulldozers and sometimes these events were accompanied by the threat of firearms.”

"The court also noted a letter of apology and saw it as a positive undertaking from the respondents that there would not be a repeat of the lawless behaviour that led to the contempt issue. “Thank you for acknowledging the error of your ways,” the Chief Justice added. 

“However, that undertaking will be referred to if there is a future failure to comply with the court’s orders.”

Chief Justice Perese noted the affidavit of Maulolo in which he asked where is the justice for his village if the appeal was in Afega’s favour.

The court respectfully stressed that is not a new question saying it is the kind of question that is asked in almost every appeal. 

“In this case, the ownership of the intermediate lands and lots 29 and 30 is under challenge,” said Chief Justice. 

“Justice will be served once the ownership questions concerning these lands have been finally resolved in a court of law as provided for in the laws of our nation.” 

Other orders of the court include costs of $1000 against the respondent on account of the contempt of court issue to be paid to the applicants. 

In addition, the court also awarded $500 as cost against the respondents' “ill-conceived” application for recusal. 

The applicant was also ordered to pay $500 for the application of joinder which was dismissed by the court.

By Matai'a Lanuola Tusani T - Ah Tong 20 February 2025, 1:00PM
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