A woman whose family won close to a million tala in compensation against the Village Council of Tanugamanono has written to Prime Minister, Tuilaepa Sa’ilele Malielegaoi.
Afu Faumuina Tutuila has asked Prime Minister Tuilaepa, as the Minister of Immigration, to investigate how a Departure Prohibition Order issued by the Supreme Court has been openly violated.
The request is made in a letter to the Prime Minister, obtained by the Weekend Observer.
Dated 13 January 2015, the Chief Executive Officer (C.E.O) of the Ministry of the Prime Minister and Cabinet, Vaosa Epa, and the Chief Executive Officer of the Public Service Commission, Fuimapoao Beth Onesemo-Tuilaepa are copied in.
“Last year, I applied to the Supreme Court for Departure Prohibition Orders against certain named Ali’i and Faipule from Tanugamanono,” Ms Tutuila writes to Tuilaepa.
“I have obtained judgment in my favour against them for the burning of our home and properties at Tanugamanono.
The Departure Prohibition Orders included Tupuola Afa Lesa who is also known as Afa Samau.
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“The Order was recorded with the Immigration Office and was valid for a period of six months. It expired on the 6 January 2015.”
According to Ms Tutuila, to her dismay, “I have found out that the said Tupuola Afa Lesa was prevented by the Immigration Officers on duty on the 24th December 2014 from travelling to New Zealand because of the Order being in place.
“Yet I understand from the Immigration office, that authorization was given by the C.E.O for the Ministry of the Prime Minister to allow Tupuola Afa Lesa to travel to New Zealand in clear violation of the Order made by the Court.”
Ms. Tutuila said her letter serves as a formal complaint and a request to investigate what happened.
“My family has been put to a great disadvantage by the actions of the Alii and Faipule of Tanugamanono and they continue to circumvent the law.”
Ms. Epa is outside of the country and could not be contacted for a comment.
Asked by the Weekend Observer for a comment, Prime Minister Tuilaepa said he has referred the matter to the C.E.O in question for a response.
“They are the ones that made the decision and (they) should provide an answer,” said Tuilaepa.
But Tuilaepa said Tupuola Afa Lesa is a prominent businessman and he would return.
“The main reason why an Order is in place is to stop a person that will go and never come back,” said the Prime Minister.
“But looking at the person that is affected, he is not a person that will not return because he is a businessman here.”
Tupuola and fourteen other matai from Tanugamanono were issued D.P.O last year by the Supreme Court.
They were found guilty of damaging properties belonging to Ms. Tutuila between a dispute between the family and village years ago.
They have been ordered to pay close to a million in compensation to the family affected.
The letter is published below in full:
13 January 2015 Honourable Tuilaepa Sailele Malielegaoi Prime Minister Government Building APIA
Dear Prime Minister, BREACH OF DEPARTURE PROHIBITION ORDER
I am writing to you as the Minister for Immigration.
Last year, I applied to the Supreme Court for Departure Prohibition Orders against certain named Ali’i and Faipule from Tanugamanono.
I have obtained judgment in my favour against them for burning of our home and properties at Tanugamanono.
The Departure Prohibition Orders included Tupuola Afa Lesa who is also known as Afa Samau.
The Order was recorded with the Immigration Office and was valid for a period of six months. It expired on the 6 January 2015.
To my dismay, I have found out that the said Tupuola Afa Lesa was prevented by the Immigration Officers on duty on the 24th December 2014 from travelling to New Zealand because of the Order being in place.
Yet I understand from the Immigration office, that authorization was given by the CEO for the Ministry of the Prime Minister to allow Tupuola Afa Lesa to travel to New Zealand in clear violation of the Order made by the Court.
I therefore wish to formally lodge a complaint to investigate this matter to find out why this was allowed to happen. My family has been put to a great disadvantage by the actions of the Alii and Faipule of Tanugamanono and they continue to circumvent the law.
Yours Faithfully,
Afu Tutuila
Cc: The CEO,
Ministry of the Prime Minister
ACEO, Immigration Office
The Registrar Supreme Court of Samoa
The CEO Public Service Commission
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