“Our concern is the outcome will destroy the relationships between members of the family. If that happens in this generation, I am confident it could carry on to the next generation. So for the stability and harmony of your family, (I) have urged the lawyers to try mediation”
– Chief Justice Patu Tiava’asu’e Falefatu Sapolu
The Chief Justice, His Honour Patu Tiava’asu’e Falefatu Sapolu, has urged parties involved in a dispute over the transfer of a piece of land at Tuloto, Apia, to mediate.
The recommendation by his Honour Patu was made to the parties on Tuesday before the Supreme Court, when the civil claim was heard.
The complainant is the family of 70-year-old Maria Kolotita Kirita Pune. They claim that the transfer of the freehold land to its current owners; Samoa Stationery and Books, in a mortgagee sale, violated the law.
They allege that a caveat, which had been in place over the land, was illegally removed to allow the sale, since the Supreme Court had yet to deliver a decision in a case heard in 2003 over the piece of land in question.
The other parties in the matter are Mrs. Pune’s relative's, Molio’o T. Vaeluaga, the Ministry of Natural Resources and Environment (M.N.R.E), Samoa Stationery and Books (S.S.A.B) and Samoa Breweries.
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Mrs. Pune was represented by lawyer, Leuluaiali’i Olinda Woodroffe, Lei’ataualesa Daryl Clarke acted for S.S.A.B while Donald Kerslake was present for M.N.R.E.
When the matter was called, Chief Justice Patu summoned the lawyers to his chamber. Some time later when they returned, he made an announcement.
“I have been discussing your case with your counsels - and others involved in this matter in chambers and I have urged and suggested to your counsels and other counsels for yourselves and the children of Molio’o T. Vaeluaga to enter into mediation, to try and resolve things yourselves,” His Honour Patu said.
The Chief Justice told Mrs. Pune that since she is the sister of Molilo’o, it makes his children her nieces and nephews.
“(They) are your flesh and bones,” he said. “The concern of the Court is with litigation, there will always be a winner and a loser."
“Our concern is that the outcome will destroy the relationships between members of the family. If that happens in this generation, I am confident it would carry on to the next generation."
“So for the stability and harmony of your family, (I) have urged the lawyers to try mediation.”
Outside the Court, lawyer Leuluaiali’i said her client does not believe that all aspects of their complaint could be addressed through mediation.
She said that while the dispute between the relatives could perhaps be smoothed over during the process, there were bigger issues at stake and matters of law that the Court must address.
For example, Leuluaiali’i claimed that her client is bitterly disappointed about the process through which the land was taken over where abuse of power is alleged to have been involved.
Mrs. Pune is also angry about the manner with which her family’s home that had been on the land was “bulldozed,” “demolished” and how the graves of her parents were dug up and removed “disrespectfully.”
Apart from that, Leuluaiali’i declined to discuss what happened in chamber.
She said she will be talking to her client to see if they will be willing to accept the recommendation from his Honour Chief Justice Patu for the parties to head to mediation.
It could not be ascertained when the next hearing will be.
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