Court Dismisses All Electoral Charges Against Samoa's Minister of Justice

The District Court has dismissed all electoral charges filed against Samoa's Minister of Justice and Court Administration, Apulu Fesolai Tusiupu Tuigamala. The ruling came after the court determined that the prosecution failed to present strong and reliable evidence to substantiate allegations of bribery and treating during the 2025 General Election campaign.

Presiding Judge Alalatoa Rosella Papalii stated that the prosecution's case was built on weak, speculative, and unreliable evidence. This included a Facebook post that prosecutors claimed was intended to influence voters in the Aana Alofi 1 constituency. The private prosecution was initiated by Mata’u Ulugia Matafeo on October 6, 2025, following the general election held on August 29, 2025.

The charges alleged corrupt practices involving cash gifts, food distribution, and social media posts linked to supporters and alleged agents of the defendant. However, during the hearing, prosecutors conceded that there was insufficient evidence for several charges. Charges 4 and 5 were dismissed when a key witness failed to appear in court despite being summoned. Charges related to a FAST roadshow gathering were also dismissed after prosecutors admitted the evidence could not sustain a conviction.

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The quality of the screenshot evidence prosecution relied on to carry this charge is extremely poor and carries no weight.

The remaining charge centered on a Facebook post allegedly made by a supporter named Galumalemana Ruta. The post claimed that district council funds had been allocated for roadworks in Faleasiu and encouraged voters to support the defendant. However, the judge found that the prosecution failed to properly authenticate the screenshot used as its primary evidence. "There is no evidence identifying the Facebook account from which the screenshot originated, who captured it, when it was captured, or whether the contents had been altered, edited or reposted," the judge noted, adding that the quality of the screenshot evidence was "extremely poor and carries no weight."

Furthermore, the court clarified that political campaign messages and promises concerning public infrastructure projects do not automatically constitute bribery under the Electoral Act. "A mere political statement by a supporter or agent such as ‘Vote for X and those roads will be fixed after election’ does not automatically amount to bribery," the judge stated. The ruling also underscored the distinction between election petition cases and criminal prosecutions, emphasizing that criminal liability requires proof beyond a reasonable doubt.

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A mere political statement by a supporter or agent such as ‘Vote for X and those roads will be fixed after election’ does not automatically amount to bribery.