Two former Attorney Generals have been appointed to assist the Court in an application by former Deputy Prime Minister, Hon Toelupe Poumulinuku Onesemo, to review the 24th March 2026 Electoral Court decision that declared void his election as the MP of Falealili 1 at the August 2025 general elections.
The appointments replace Samoa’s Office of the Attorney General with a former AG of New Zealand, Hon Christopher Finlayson KC, who will work alongside Samoa’s immediate former AG, Su’a Hellene Wallwork.
Honourable Rhys Harrison KC who is a sworn judge of Samoa’s Court of Appeal will preside over the case.
In a Minute of Directions issued 9th April 2026, His Honour Justice Rhys Harrison stated, that it would be “inappropriate” for Samoa’s present Attorney-General or any member of her office to act as advisors in Toelupe’s application.
Amicus Curiae to Assist the Court
“It is necessary to appoint amicus curiae to assist the Court,” states Justice Harrison.
“It would be inappropriate for the present Attorney-General or any member of her office to act given that she appeared for the applicant at some of the hearings in the Supreme Court”.
“Also her former law partner appeared as counsel for the applicant in the Supreme Court while she and the Attorney were in legal partnership and is acting for the applicant on the Certiorari Application.”
“The Ministry has engaged the Honourable Christopher Finlayson KC and Su’a Helene Wallwork to act in that role.”
“I am satisfied that Ms Wallwork does not have a conflict arising from her previous appointment as Attorney General.”
The two former AGs will assist the court by offering information and expertise, or legal arguments to help the court resolve complex issues.
Application to Remove
Toelupe has requested that his case be removed from the Supreme Court and taken to be heard before the Court of Appeal.
The Supreme Court has set the hearing of that application for Monday 20 April 2026, with lawyers submissions due in the coming week.
Justice Harrison states, “it is anticipated that a decision on the application to remove will be delivered promptly.”
Allegations Against Chief Justice
Justice Harrison referred to serious allegations of bias and predetermination against His Honour Chief Justice Satiu Simativa Perese, made in Toelupe’s statement of claim.
Justice Harrison states that the allegations against the CJ are serious, and directs Toelupe’s lawyers to be ready to argue their filed submissions.
“The first, second and third grounds of the statement of claim appear to allege actual bias and predetermination by the Chief Justice. Such allegations are serious,” states Justice Harrison.
“A memorandum of proper particulars must be filed by 5.00 pm on 13 April. In this res⁷pect the applicant has sworn an affidavit in support of the Certiorari Application.
“Counsel must be in a position at the conference to address its admissibility.”
The hearing of the application to review (Certiorari Application) whether in the Supreme Court or Court of Appeal, will provisionally take place in the week starting 1 June 2026, Samoa’s Independence week.
The Minute
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