Plaintiff happy with costs ruling

The elderly woman who was Tordered by a Supreme Court Judge last week to pay security costs of $30,000 to the Attorney General, the Ministry of Natural Resources and Environment and lawyer, Ruby Drake in an on-going land dispute believes the ruling is a “win” for her family.

That confirmation came from Maria Kolotita Kirita Pune’s daughter Puleiti Clara Gray. Ms. Gray is the family’s spokesperson. She claims that their family is “elated with the decision from His Honour Rapi Va’ai”.

The order by the court was that Mrs. Pune pay the defendants $10,000 each. The money, a total of $30,000 was ordered to be paid to the Registrar of the Court as security for costs for the three defendants.

This money would then be deposited into a term deposit with a local bank until further orders from the court. Justice Lesatele Rapi Va’ai also ordered that the Mrs. Pune’s claim is stayed until security is given.

But Ms. Gray said; “that upon receiving this information this afternoon 5 February from our lawyer, Leuluaiali’i Olinda Woodroffe, we take this as a "win".”

This was taking into “consideration that collectively, they were seeking ST$163,000” in security costs. She said the breakdown in the initial claim for security of costs from the three defendants; M.N.R.E.

- $30,000, A.G. - $33,000 and Ruby Drake - $100,000.

“This in my opinion is a "gross" misuse of the "law" applied to seek such an exorbitant security amount.

“This amount is paid into Court before we even get to present our case or obtain a decision,” she wrote.

She said it was her “honest opinion and belief that the amount sought and tact used was an abuse of power and legal process”.

“Therefore to be awarded “security cost" totaling ST$30,000.00 compared to the ST$163,000.00 the defendants were seeking is what we consider fair and reasonable.

“We sincerely thank the Honourable Rapi Va’ai for his prompt ruling and consideration in our legal matter.”

Ms. Gray believes the 'security costs" sought by the defendants “is against my mother and her pursuit to obtain justice in her legal matter.”

She said her mother through her lawyer Leuluaiali’i, is following through with legal proceedings against the three above-mentioned defendants for their alleged wrong doing in her legal matter.

M.N.R.E. is being sued for allegedly removing caveats on the property resulting in the dispute at Tuloto.

The A.G. on the other hand, is involved for his alleged conflict of interest and alleged abuse of power to apply pressure on an M.N.R.E. officer to remove Tuloto caveats.

Prominent lawyer Ruby Drake, was the family’s original lawyer in the matter. She was later dismissed for what the family calls “her failure in her duty of care to protect client interests as legal matters were before the Supreme Court”.

The land dispute case stems from an incident dating back to 2003 involving a complaint lodged by Mrs. Pune against M.N.R.E. and the A.G. over a dispute relating to the transfer of a piece of land at Tuloto, Apia.

The property originally belonged to Mrs. Pune’s parents. A caveat was placed on the property some years earlier. But Mrs. Pune was shocked to find that the caveat was lifted and the property sold as a mortgagee sale to Samoa Stationary and Books (SSAB).

“Looking at the bigger picture, it is now 12 years since legal proceedings began, and we are still in pursuit to find justice and closure for my mother, Maria Kolotita Kirita Pune, an elderly 70 year old,” said Ms Gray.

She said her mother has suffered tremendously in her pursuit for justice in Samoa's legal system.

She said the case from 2003 is still awaiting a full decision from his Honour the Chief Justice Patu Tiava’asu’e Falefatu Sapolu, “My mother is now the only surviving member of her immediate family of seven children. She has six brothers, she is the only girl and the youngest in her family. “We need closure and justice served. Enough is enough!”