(PINA/IFEX) – An injunction issued by the Samoa Supreme Court prevented distribution of the 16 February 1999 edition of the daily newspaper “Samoa Observer”. The injunction was sought by the Samoan Government-owned Polynesian Airlines and related to a leaked list of advances and allowances to senior airline staff the “Samoa Observer” was publishing in this […]
(PINA/IFEX) – An injunction issued by the Samoa Supreme Court prevented
distribution of the 16 February 1999 edition of the daily newspaper
“Samoa Observer”. The injunction was sought by the Samoan
Government-owned Polynesian Airlines and related to a leaked list of
advances and allowances to senior airline staff the “Samoa Observer” was
publishing in this edition. The daily newspaper had already been printed
and was about to be distributed when the court injunction was served.
The loss of a whole edition is another major financial blow to the
“Samoa Observer” and its award-winning editor-publisher Savea Sano
Malifa. The newspaper has faced a series of high-cost legal actions
mounted by Samoan Government ministers and others associated with the
government (see IFEX alerts).
Malifa said the “Samoa Observer” is now contesting the court order.
Delivered at 5 a.m. (local time) at the paper’s printing plant, the
interim injunction stopped distribution of that day’s edition. This
contained a story titled: “‘Nothing illegal’ about $720,605 advances,
says deputy CEO.” Also in the same edition is an editorial titled:
“Airline staff and their $726,600 in advances, allowances,” and another
report titled: “PAL old debt increases to $116.6m instead.”
In his ruling, Supreme Court judge Andrew Bray Cameron Wilson, said he
was “satisfied that the granting of the interim order sought is
necessary to prevent irreparable damage to the airline.” The “Samoa
Observer” filed documents seeking removal of the injunction, a hearing
of which is expected 18 February. The 17 February edition of the paper
was published without the Polynesian Airlines reports.
Twenty one Polynesian Airlines’ senior staff were allegedly given
advances and allowances which total WS$720,605 (US$246,521) in 1998 and
1997. A leaked document lists ninety nine separate advances detailing
what they were for, the dates they were made, and relevant cheque
numbers.
The “Samoa Observer” said that in an interview, the airline’s deputy
chief executive officer and manager finance and administration confirmed
the document was authentic. Leaupepe tops the list with a total of
$WS254,750 (US$87,150) in advances, allowances and board meeting dues,
the paper said.
The Pacific Islands News Association (PINA) has previously strongly
criticised the use of court injunctions to prevent publication. It has
also questioned the willingness of some Pacific Islands courts to grant
such injunctions without both sides being represented.
Background Information
Malifa and his wife Jean are previous winners of the Pacific Islands
News Association (PINA) Pacific Freedom of Information award. They
received this for their courageous defence of the right of the Samoan
people to freedom of information and expression. In 1998 they were
awarded the Commonwealth Press Union’s Astor Award and “INDEX on
Censorship” press freedom award.
The “Samoa Observer”, which was founded by the Malifas, is Samoa’s only
daily newspaper and main independent news voice. The government-run
national radio and TV services are heavily controlled by the government,
which has been in power for fifteen years. The opposition’s access to
the government media is severely restricted.
Independent news media and journalists have faced increasing pressure
after highlighting reports alleging growing corruption and abuse of
public office.
The “Samoa Observer” printing plant was burnt down under highly
suspicious circumstances; Malifa assaulted by relatives of a government
minister; death threats made to Malifa and his family; government
advertising withdrawn from the newspaper; threats made to impose
newspaper licensing; and a law introduced requiring journalists in libel
actions to reveal their sources.
Malifa and the “Observer” continue to face mounting legal costs because
of criminal and civil libel actions against them over their reports and
a letter published in the paper. The actions have been mounted by former
Prime Minister Tofilau Eti Alesana and other government ministers. The
government has said it will provide public money to pay the legal costs
of Tofilau and other ministers and government leaders who sue for libel
(see IFEX alerts).
