The Court of Appeal will deliver its decision on notice on whether Falealili No.1 parliamentarian Toelupe Poumulinuku Onesemo has the legal grounds to appeal the decision of the Electoral Court.
Toelupe was found guilty of one count of election bribery and lost his seat. However, he appealed the decision on the grounds that his constitutional rights were violated and there was bias on the part of Chief Justice Simativa Perese.
The hearing took place over two days, which included advice from the appointed ‘friends of the court’ Christopher Finlayson KC and Su'a Helene Wallwork.
Finlayson and Su’a, in their submission to the judges, told the court that every avenue was provided to Toelupe to present witnesses to counter the petition. The court was told that the Electoral Act and the Constitution were clear that the Electoral Court had the final say in election petition matters.
The court was told that this was the first of its kind case where an election petition decision had been appealed.
