(PINA/IFEX) – The criminal libel trial of the publisher and Samoan language editor of the “Samoa Observer” newspaper has now been put back to 3 February 1998. In Apia on 3 December, Magistrate Tagaloa Enoka Puni adjourned the hearing again because Samoa’s Supreme Court had still not looked at the defence’s challenge that the criminal […]
(PINA/IFEX) – The criminal libel trial of the publisher and
Samoan language editor of the “Samoa Observer” newspaper has now
been put back to 3 February 1998. In Apia on 3 December,
Magistrate Tagaloa Enoka Puni adjourned the hearing again because
Samoa’s Supreme Court had still not looked at the defence’s
challenge that the criminal libel law breaches the Constitution.
**Updates IFEX alerts dated 21 November, 12 September and 24 June
1997**
Following submissions by a Queen’s Counsel from New Zealand who
heads the defence team, the magistrate had ruled on 19 November
that he reluctantly had no choice but to refer the matter to the
Supreme Court for a ruling. He had hoped the Supreme Court would
do this before 2 December.
Samoa’s Prime Minister, Tofilau Eti Alesana, alleges “Samoa
Observer” publisher Savea Sano Malifa and his Samoan language
editor, Fuimaono Fereti Tupua, criminally libelled him by
allowing a letter to the editor to be published. The letter was
sent to the “Samoa Observer” by a Samoan living in New Zealand
(see IFEX alerts).
Meanwhile, Malifa confirmed it had cost him $NZ16,346 so far in
legal fees for the New Zealand Queen’s Counsel, who is
experienced in defamation and constitutional issues.
Under the criminal libel law, Malifa and Tupua could be jailed
for up to six months.
Background Information
Malifa, the “Samoa Observer” and staff face criminal and civil
defamation actions launched by members of the government or
executives of government-owned organisations. They include a $WS
500,000 civil claim by Prime Minister Tofilau Eti Alesana.
(Tofilau is a chiefly title and is how he is known in Samoa after
the first reference.) On 20 June 1997, Tofilau told Parliament
that he would change the law so the “Samoa Observer”‘s business
licence could be taken away “for stirring up trouble.” In
separate incidents not linked to Tofilau, in 1994, the “Samoa
Observer”‘s editorial offices, printing plant and press were
burned down in mysterious circumstances believed by many to be
retaliation for the newspaper’s reporting of allegations of
corruption. As well, Malifa and his family have been threatened
and Malifa himself assaulted by relatives of a government
minister (see IFEX alerts).
