The lawyer acting for the Secretariat of the Pacific Regional Environment Programme (S.P.R.E.P), Semi Leung Wai, in a lawsuit against the organisation, has been given until 17 November to respond to an amended statement of claim.
The amended statement was filed by the complainant, Pauline Johnstone, as part of an ongoing hearing of a lawsuit against her former employer.
Ms. Johnstone is being represented by lawyer, Ruby Drake.
When the matter came before Chief Justice, His Honour Patu Tiava’asu’e Falefatu Sapolu yesterday, His Honour informed Mr. Leung Wai that Mrs. Johnstone had already filed an amended statement of claim, to which his client must respond to.
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The matter was then adjourned until 17 November.
Ms. Johnstone is suing S.P.R.E.P, claiming that her contract was terminated without completing a mediation process or reaching agreement on the payment of reimbursable expenses under the terms of her contract.
Last month, His Honour Patu denied a strike out motion by S.P.R.E.P. The decision followed an attempt by Mr. Leung Wai to strike out the claim on the grounds that S.P.R.E.P. had diplomatic immunity.
During the hearing, the Court was told that the Certificate of Immunity was signed by the Deputy Prime Minister, Fonotoe Pierre Lauofo, ten days after notice of Ms. Johnstone’s suit was served on S.P.R.E.P.
In his determination, the Chief Justice upheld the principle of equality of arms, which is inherent in the right to fair trial, a human right guaranteed by the International Bill of Rights and the Samoan Constitution.
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