(PINA/IFEX) – Samoa’s Chief Justice has finally ruled that constitutional issues raised by the defence in the criminal libel trial of “Samoa Observer” publisher Savea Sano Malifa and his Samoan language editor, Fuimaono Fereti Tupua, will be referred to the Court of Appeal. The appeal court’s next sitting is scheduled for March 1998. **Updates IFEX […]
(PINA/IFEX) – Samoa’s Chief Justice has finally ruled that
constitutional issues raised by the defence in the criminal libel
trial of “Samoa Observer” publisher Savea Sano Malifa and his
Samoan language editor, Fuimaono Fereti Tupua, will be referred
to the Court of Appeal. The appeal court’s next sitting is
scheduled for March 1998.
**Updates IFEX alerts dated 4 December, 21 November, 12
September and 24 June 1997**
Chief Justice Tiavaasue Falefatu Sapolu first granted an
application by lawyers for Malifa and Tupua for the Magistrates
Court hearing of the charges against them to be stopped until he
rules on the constitutional issues. But he declined a request
from the defence to send the matter straight to the Court of
Appeal, Samoa’s highest. However, on 22 December, Chief Justice
Sapolu allowed the matter to go to the appeal court after the
defence applied for leave to appeal his decision. Judges on the
Court of Appeal are normally drawn from Australia and New
Zealand.
Background Information
Malifa and Tupua are alleged to have criminally libelled Prime
Minister Tofilau Eti Alesana through publishing a letter to the
editor in the Samoan language section of the “Observer”, a daily
newspaper which is Samoa’s main source of independent news. They
could be jailed for up to six months under this charge (see IFEX
alerts).
