2 Aug 2018

Samoa chief justice says using overseas judge a 'retrograde step'

4:02 pm on 2 August 2018

Samoa's chief justice has expressed concern about appointing an overseas judge to preside over an upcoming appeal.

Closing ceremony of the Tokelaun Judicial Orientation Course in Apia Samoa on February 13. Seated is the Ulu o Tokelau, Aliki Faipule Kuresa Nasau and standing is Samoan Chief Justice, Tiavaasue Patu Falefatu Sapolu.

Closing ceremony of the Tokelaun Judicial Orientation Course in Apia Samoa on February 13. Seated is the Ulu o Tokelau, Aliki Faipule Kuresa Nasau and standing is Samoan Chief Justice, Tiavaasue Patu Falefatu Sapolu. Photo: © L.Armytage 2015

Justice Patu Tiava'asu'e Falefatu Sapolu said that would be a "retrograde step for Samoa".

He was delivering his reasons for denying an application by the Attorney General to appoint an overseas judge to sit on an appeal case involving the President of the Land and Titles Court.

Fepuleai Atilla Ropati had pleaded guilty to an assault charge and was discharged without conviction in the District Court.

Patu said when the case was heard in the District Court, the attorney general did not ask for an overseas judge to try the case.

He said he hadn't been able to find any case where such a thing has happened in a foreign country and he said it would be an unnecessary surrender of Samoa's judicial sovereignty.