Court rules in lawyer saga

The long running saga between lawyer, Tuala Iosefo Ponifasio and the Samoa Law Society in relation to allegations by a former client, which led to his suspension, has turned a corner.

It follows a decision of Her Honour, Justice Ida Malosi, of the Supreme Court on Thursday 31 October 2013 at Mulinu’u.

The decision was in relation to an application made by Tuala to the Court for Constitutional relief because his rights to a fair trial have been breached.

The application also sought for a stay of proceedings.

Following a one-day hearing of the application by Tuala, Her Honour Justice Malosi delivered her decision on the matter and granted Tuala’s application for constitutional relief.

She found Tuala’s right to a fair trial had been breached. She also made a declaration to permanently stay or to stop any further disciplinary proceedings against Tuala.

Asked for a comment, Tuala was relieved.

“I always had faith that our justice system will prevail,” he said.

The allegations against Tuala were made in 2009 to the Samoa Law Society who looked into the matter. It was based on a complaint by a former client of the firm Tuala was with, “as to the inappropriate manner in which he had dealt with trust funds of the client that were deposited into a trust account.”

A Tribunal was convened and they decided to suspend Tuala for two years.

Tuala, however continued to argue his innocence claiming that he had been wronged.

“I always believe I did not deserve what has been done to me,” said Tuala.

“I continued to pursue it and now we have the results. I’m grateful.”

The lawyer and aspiring politician said the decision “means our Constitution is alive and strong and it’s there for people like me who seek relief under the constitution when there is no where else to turn to.”

Tuala said the decision is further indication that Samoa’s justice system is well and intact.

“I have always believed in our justice system and that it will prevail.”

Her Honour Justice Malosi indicated during her decision that her written ruling on this matter will be delivered in due course.

The President of the Samoa Law Society, Mareva Betham-Annandale was contacted for a comment.

In an email response, she said: ‘We have no comment to make as we have not received the written decision of her Honour Justice Ida Malosi.”

President Betham-Annandale said the Society would “welcome the opportunity to talk to you again once we have received the written decision and have taken the time to consider the matters raised.”