An appeal to the Lands & Titles Appellate Court (L.T.C.) decision delivered in 1999 in regard to the Faamausili title is the first hearing for Samoa’s new Chief Justice His Honour Satiu Simativa Perese.

In the civil lawsuit, the plaintiff Faamausili Misaaliialemalietoa Tauave Galuvao is asking the Supreme Court to overturn a decision that removed the title from the suli of the family when the plaintiff and his family were not present.

Former Attorney General Brenda Heather Latu is representing the plaintiff Faamausili in the hearing.

The respondents are the L.T.C. Appellate Court and the Toelupe family.

Representing the LT.C. is Fuimaono Sefo Ainuu from the Attorney General’s Office.

Mareva Betham-Annandale is representing the Toelupe family. 

In an interview with the Samoa Observer, Heather-Latu said the CJ’s decision to select the Faamausili case as his first trial is significant.

“The fact that it’s his first case and it’s dealing with Constitutional freedoms is significant I think,” Heather-Latu said.

“They made a decision in regard to his geneaology when he was not there or his family being present. It’s a really good illustration of what you won’t be able to do when the [pending L.T.C.] bills are passed so the ability to come to the Supreme Court is a real privilege – basically, to take another look.”

Heather-Latu pointed out that what the government is trying to do is take away those freedoms that are currently in place. 

Malietoa took the Faamausili title away from Vaito’a and the L.T.C. made a decision about suli for a particular branch from the Faamausili family without them being there.

The L.T.C. made a decision and every time the Faamausili family has gone to try and do something about it, they have been told that a decision was already made.

“We are asking the Supreme Court to look again at the decision – at that decision that was made in the Lands and Titles Court and the right to a fair trial, under the right to a fair trial, which the government is trying to take away in the new bills,” Heather-Latu said.

“That is why this case is important in relation to what is happening now. It’s an example of where people are saying: you didn’t give me a fair trial and it’s [about] access to take it to the Supreme Court to get them to have a look whether it was a fair process or not.”

She further explained that “it’s an example of a party to Lands and Titles having an opportunity to take it to the Supreme Court and to say I wasn’t fairly treated.”

“And the Supreme Court can only look at it if it was a breach of Constitutional rights because he wasn’t there when they made their decision so it’s the right to a fair trial,” Heather-Latu told the Observer.

“Under the proposed L.T.C. bills that will be taken away – that right to be able to do that and take something to the Supreme Court. So the Chief Justice’s first case is to hear a judicial review on the basis that the Lands and Titles Appellate Court has breached the applicant’s right to a fair trial."