The Supreme Court of Samoa will consider allegations of bias and predetermination against His Honour Chief Justice Satiu Simativa Perese, filed by former Deputy Prime Minister, Hon Toelupe Poumulinuku Onesemo.
The allegations are made in Toelupe’s statement of claim, that is part of an application to review the actions of the Electoral Court (certiorari application) in its 24th March decision that declared void Toelupe’s election as the MP of Falealili 1 at the August 2025 general elections.
Honourable Rhys Harrison KC of Samoa’s Court of Appeal is appointed to preside over Toelupe’s applications.
In a Minute of Directions issued by Justice Harrison on Friday 9 April, he 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 respect 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.”
Remove to the Court of Appeal
Toelupe is also requesting that his motions be removed from the Supreme Court, and be considered at the Court of Appeal pursuant to Section 13 of the Judicature Act 2020.
Justice Harrison reassures that a decision on whether the matter will be heard by the Supreme Court or Court of Appeal will be delivered promptly.
“The Registry is requested to arrange a hearing of that application at 9.00 am Samoa time on Monday 20 April 2026.”
“Local counsel are to appear in person. Overseas counsel and the Bench will appear by video link.”
In preparation for the hearing Justice Harrison has set out 5pm Monday 13 April 2026 for Toelupe’s lawyers to “file a synopsis of submissions together with relevant authorities, in support of the application to remove.”
Tuiloma Lance Lameko and the Speaker of the House are named as the two Respondents. Their lawyers have until 5pm on Friday 17 April 2026 to file their submissions.
Amicus Curiae to Assist the Court
Justice Harrison declared it would be inappropriate for Samoa’s current AG, Mauga Precious Chang and her office to assist the Court given that Mauga had 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 have instead engaged two former AGs to assist the Court.
Honourable Christopher Finlayson KC is a former Attorney General of New Zealand, and Su’a Helene Wallwork is the immediate former AG of Samoa.
“I am satisfied that Ms Wallwork does not have a conflict arising from her previous appointment as Attorney General,” states Justice Harrison.
The two former AGs will assist the court by offering information and expertise, or legal arguments to help the court resolve complex issues.
Hearing Dates
The hearing of the Certiorari Application, whether in the Supreme Court or Court of Appeal, will provisionally take place in the week starting 1 June 2026.
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