(PINA/IFEX) – A judge has reserved his decision on the criminal libel charges against “Samoa Observer” editor-publisher Savea Sano Malifa and the paper’s former Samoan language editor, Fuimaono Fereti Tupua. It came after five days of hearings in the Supreme Court in Apia, the Samoan capital. Samoa’s Prime Minister, Tofilau Eti Alesana, claims he was […]
(PINA/IFEX) – A judge has reserved his decision on the criminal libel
charges against “Samoa Observer” editor-publisher Savea Sano Malifa and the
paper’s former Samoan language editor, Fuimaono Fereti Tupua. It came after
five days of hearings in the Supreme Court in Apia, the Samoan capital.
Samoa’s Prime Minister, Tofilau Eti Alesana, claims he was criminally
libelled in a letter to the editor published by the newspaper on 6 June
1997. The fundamental right to freedom of expression guaranteed under the
constitution was the subject of lengthy argument in the hearing. Justice
Phillip Moran will give notice when his decision is ready. Malifa and Tupua
could be jailed for up to six months if found guilty.
**Updates IFEX alerts of 15 July, 22, 20 and 14 May, 30 April, 11 March
1998; and 24, 15, and 4 December, 18 November, 31 October, 12 September,
11 July, 24 June 1997**
In an editorial on 6 August 1998, the “Samoa Observer” assured its readers:
“With the court cases out of the way, we shall devote more time and effort
to improving the quality of your newspaper. This will not be an easy task,
as you are well aware, but we trust they are not also insurmountable. So we
ask you to bear with us.” The editorial reaffirmed
the newspaper’s mission to inform the public more fully.
Background Information
Malifa said on 13 July 1998 that he may have to sell the “Samoa Observer”
after losing a civil defamation action brought against him and the newspaper
by Prime Minister Tofilau. The Supreme Court awarded Tofilau $WS50,000
(approximately US$16,000) in damages. The civil action was separate from the
charge of criminal libel and was in connection with a report by the
newspaper. Malifa said he had already had to pay $WS230,000 (approximately
US$76,000) in legal fees while the Prime Minister’s legal fees of $WS783,000
(approximately US$261,000) are being paid from public money (see IFEX alert
of 20 May 1998). In the civil action, Malifa was cross-examined over three
days by a Queen’s Counsel from Australia, who had been brought in to lead
Tofilau’s legal team.
The “Samoa Observer”, which was founded by Malifa and his wife Jean, is
Samoa’s only daily newspaper and its main independent news voice. In recent
years, Samoa’s independent news media and journalists have faced increasing
pressure after highlighting stories alleging growing corruption and abuse of
public office. The “Samoa Observer” printing plant was burnt down under
highly suspicious circumstances; Malifa was assaulted by relatives of a
government minister; government advertising was withdrawn from the
newspaper; threats were made to impose newspaper licensing; and a law was
introduced requiring journalists in libel actions to reveal their sources.
The “Samoa Observer” and its staff have faced criminal and civil libel
actions. Government ministers also discussed withdrawing the licence of the
country’s only independent radio station which carries news bulletins. The
government-run national radio and TV services are heavily
government-controlled and the government restricts the Opposition’s access
to them (see IFEX alerts).
