The Office of the Attorney General has issued a statement reaffirming the separation of roles within Samoa’s justice system, following directions from the Electoral Court in the case involving Toelupe Poumulinuku Onesemo.

In its written remarks, Chief Justice Satiu Simativa Perese and Justice Leiataualesa Daryl Clarke described the proceedings as involving “unprecedented circumstances,” including evidence of an alleged $100,000 bribe offered to have an election petition withdrawn, supported by an audio recording and sworn affidavit alleging witness tampering.

The court said these issues warranted further action to safeguard the integrity of the electoral process and directed that the evidence be referred to the Office of the Attorney General for review and “appropriate action.”

It also noted that the Attorney General holds constitutional responsibility for contempt proceedings and plays a key role in protecting the administration of justice, while emphasising the need to avoid any potential conflict of interest.

In response, Attorney General Mauga Precious Chang issued a statement stressing that decisions to investigate or lay charges remain the responsibility of independent investigators and prosecutors, not the courts.

“The decision whether or not to investigate or lay charges is a matter that falls within the independent discretion of investigative and prosecuting authorities,” the statement said.

It said the judiciary’s role is limited to acting as an independent and impartial arbiter once matters are brought before the court.

The Office emphasised that courts do not determine whether charges should be filed and do not direct prosecutors in their decision-making.

It said maintaining this separation is essential to ensure fairness, protect the right to a fair trial, and maintain public confidence in the justice system.

The statement added that any blurring of these roles risks undermining the independence of both the courts and prosecuting authorities.

“A strong justice system depends on each institution respecting the limits of its role,” the Office said.