A voter from Vaisala and Asau says he was given a ride and accompanying boat fare by the winner of the Vaisigano No. 1 seat, Niuava Eti Malolo, as a hearing against the election winner got underway.  

Alo’a Mafaufau Malau, was the first witness to give evidence in a post-election petition hearing; the legal action was filed by the caretaker Minister of Agriculture and Fisheries, Lopao’o Natanielu Mua, against Niuava of the Fa’atuatua I le Atua Samoa ua Tasi (F.A.S.T.) party.

During cross-examination by Niuava’s Counsel, Tanya Toailoa, Alo’a admitted there were inconsistencies in his affidavit and his witness account saying he did not mention it in his affidavit because he “forgot.”

The Chief Justice, His Honor, Satiu Simativa Perese and Justice Vui Clarence Nelson are presiding over the matter.

First-time candidate, Niuava, is facing five allegations of bribery and treating while Lopao’o is facing two bribery allegations in the counter-petition he mounted in response to the challenge.

Testifying in support of Lopao’o, Alo’a told the court that he was approached by a committee member of Niuava’s at the Salelologa wharf where a van was awaiting to take them to the polling booths. Eight others were in the van, he said.

Asked by Lawyer Toailoa if he was not the one looking for a lift as he had no family waiting at the wharf and there were no buses operating on the day, he strongly denied saying “I was approached by Faufua and notified of a car waiting in the back.”

Upon their arrival to Vaisala at the polling booth and seeing that it was full, Alo’a claimed to have been approached again by another one of Niuava’s committee members saying they should go to a polling booth at Auala where it was less crowded.

He said the “small white car” later pulled over by a young person sent by Niuava’s wife who let them know there was food on offer and a place to stay the night, should they need it after casting their votes.

Lawyer Toailoa put it to him that his statement on the witness stand was inconsistent with his affidavit which states it was Niuava’s wife who pulled their car over. He said he “forgot” to tell the lawyer that “important” detail when making his affidavit.

Alo’a said after casting his vote, Alo’a went back to Niuava’s residence at Vaisala. He was given a meal, money, and a ride to the Salelologa wharf to catch the 4 pm ferry Upolu.

Aumua Ming Leung Wai and Lucy Sio-Ofoia are acting for Lopao’o.

The second witness to take the stand in support of Lopao’o was Lote Faae’e from Asau and Leauvaa who said she does not know the petitioner in her affidavit. But following a question from Justice Vui, she admitted that Lopao’o was actually her uncle, her father’s cousin.

Another witness, Avagatonu Kosena Masoe, told the court the F.A.S.T. party gave $3000 to the constituency with the intention to influence voters. 

Lawyer Toailoa asked the elderly man whether it was Samoan custom for a visiting party to give a village a monetary gift in exchange for their traditional welcoming ceremony. 

Avagatonu agreed that whilst it was part of tradition he "believes" it was done in this instance to induce voters in the constituency because it took place one-and-a-half months from the election and was accompanied with the phrase: "Vote for F.A.S.T."

Niuava's lawyer pointed out that the exchange was not in his affidavit which only made note of traditional exchanges on the day at the F.A.S.T. campaign roadshow at the Vaisala Primary School Hall.

Niuava polled a total of 823 votes, while Lopao'o collected 541.

The hearing continues.