The Court of Appeal upheld the decision of the Supreme Court in the Falealili No.1 election petition, which means that Toelupe Poumulinuku Onesemo’s election is now void and the constituency will now head to a by-election.
Justice Rhys Harrison, Justice Raynor Asher, and Justice Mark O’Regan delivered their ruling on Monday morning.
Toelupe had appealed the Supreme Court decision that found him guilty of giving $150 as an election bribe and had declared his seat void. Toelupe had appealed the case, and the Supreme Court allowed a stay on their ruling, which meant that he remained as the member of parliament for Falealili No.1.
Following the Supreme Court ruling, Toelupe resigned from the cabinet and as Deputy Prime Minister.
Toelupe’s first ground of appeal was the denial of the right to cross-examine witnesses and the second was the denial of the right to a hearing before an independent and impartial tribunal.
