Law firm threatens to sue Samoa Observer

The law firm of Clarke Ey is threatening to sue the Samoa Observer for defamation, if they published a story about a complaint by certain families on the location of a gas shop some say pose a danger to them.

In their letter signed by Lei’ataualesa Daryl Clarke, Partner, Clarke Ey says: “Please be advised that if the Samoa Observer proceeds to publish the false and baseless allegations, our client will instruct us to initiate legal action against the Samoa Observer and the third parties who made such allegations for the damage it suffers both so its reputation in defamation and/or for the false statements published.”

Lei’ataualesa’s client is the Le Aute Gas Shop.

The lawyer said his “client has fully complied with all legal requirements for the establishment and conduct of its operations including the obtaining of PUMA consents and the conduct of inspections by the Fire and Emergency Services Authority, the Accident Compensation Corporation and other government agencies.”

But some residents of Tulaele have objected to the location of the gas shop belonging to Lei’ataualesa’s client.

The families are led by Figa Kleis- Ryan, who says the location of the Le Aute Gas shop, poses a risk to them and their properties.

“We don't want the gas people here,” she says. “It is very dangerous and we want them out.”

Mrs. Kleis Ryan says the location of the plant is an accident waiting to happen.

“When it is going to explode?” she asks.

“Because that is what it is going to come to. I want them to go and find another place, shut down get out of here. That is what we want.”

Fellow residents, So’otuli and Tapu Ulugia, support Mrs. Kleis-Ryan.

They say that while they understand there are no zoning laws in Samoa to dictate where businesses such as this one opens up, they are uncomfortable about having a gas shop near them.

“The thing is, health wise it is a residential area. If any gas exploded, we will be the first one to be affected,” Mrs. Ulugia says. “This is a residential area, so at least consult us or notify us, but nothing has been heard, we only just found out."

“I am not going to say to stop because that is something I will leave to the legal side."

“What I disagree with is this area where this gas thing is being established as we know from BOC Gas and down at Origin they are right next door to the sea. That is where they should be. So that is what has shocked us now, what is going on, they didn't even at least consult us.”

Tapu Ulugia says at the end of the day, something had better be done before it is too late.

“I am very, very scared I am worried,” he says. “I am not happy about it because it is dangerous and like I said, they were supposed to do a survey and let people next door know what is going on and even then."

“But we have had no contact at all.”

Contacted for a comment on Wednesday, Le Aute Gas Manager, Murray Betham, asked the Samoa Observer to give them an opportunity to respond.

On Friday night, however, a woman dropped off a letter from their lawyer, Lei’ataualesa, in which a threat to sue the newspaper is contained.

In the letter, Lei’ataualesa said the facilities for his client’s plant “been fully certified as compliant to Australian and New Zealand regulatory and safety standards for operations of this nature. The most recent inspection of the facilities to Australian and New Zealand regulatory and safety standards was carried out on 11 November 2014.”

Further, so far, the lawyer said his client has received no written complaint from any parties alleging any grievances.

Back to the residents, they are unhappy about the how the Planning and Urban Management Agency (P.U.M.A.) has handled their grievances.

Mrs. Kleis Ryan says she cannot believe that the Agency would allow for such an operation to open in a densely populated area.

She says that despite writing to the Agency and approaching them with the village’s concerns, P.U.M.A. never got back to her.

P.U.M.A was asked for a comment. In an emailed response the Agency’s A.C.E.O, Su’a Poumulinuku Onesemo, said Le Aute Gas was required to obtain development consent for the storage and decanting of gas under the Planning and Urban Management Act 2004.

“The Planning and Urban Management Agency granted development consent for the Le Aute Gas facility, subject to conditions on August 5, 2013,” said Su’a.

“The development consent for the Aute Gas facility contains various provisions relating to safety and hazards."

“Including requirements to ensure that all dangerous and hazardous goods (including flammable or combustible liquids) are stored appropriately."

“(To) ensure that fire requirements comply with the National Building Code 1992."“(To) install a high pressure fire hose reel, and warning signs and hazardous materials placards."

“(To) ensure that minimum setbacks to boundary lines, existing structures and water sources are in accordance with the National Building Code 1992."

“And (to) carry out works in accordance with the Occupational Health and Safety Act 2002.”

The A.C.E.O. said that P.U.M.A. could also advise that the Le Aute Gas facility has received certification to store and handle L.P.G. from a New Zealand based certifier (Haztec).

“This certification confirms that the operations on site comply with the relevant best practice standards and Australian and New Zealand regulatory requirements,” he said. “Including the Hazardous Substances (Compressed gases) Regulations 2004 (N.Z.).”

Su’a said that while Le Aute Gas has permission to store and decant L.P.G. gas, the storage and decanting of oxygen or any other gases is not permitted.

“P.U.M.A. has informed Aute Gas that it cannot store or decant other gases (including oxygen) under its existing development consent,” he says.

“Aute Gas has since lodged a separate development consent application, dated 20 November 2014, seeking approval to store and decant oxygen on-site."

“P.U.M.A. has notified this development consent application in accordance with the P.U.M. Act 2004 and has referred it to the relevant public authorities, including F.E.S.A., Ministry of Health (M.O.H.), Ministry of Commerce, Industry and Labour (M.C.I.L.), Scientific Organisation of Samoa (S.R.O.S.), the Ministry of Works, Transport and Infrastructure (M.W.T.I.) and the Division of Environment and Conservation (D.E.C.) within M.N.R.E."

“P.U.M.A. has received comments from S.R.O.S. and D.E.C. supporting the proposed activity, subject to conditions.

“P.U.M.A. is still waiting for responses from the other public authorities."

“P.U.M.A. will finalise its assessment of the application for the storage and decanting of oxygen shortly.”

Read the letter in full : The letter from Le Aute’s lawyer