Alaiasa wins Court fight

Businessman and aspiring politician, Alaiasa Filipo Schwartz Hunt, has won his fight to have his name removed from the Corrupt Practices List.

The victory, declared by the Supreme Court yesterday, followed four years of being disqualified from voting or running as an election candidate.

The ruling delivered by Justice Elizabeth Aitken also opens the door for Alaiasa to contest the next General Election if he chooses.

Alaiasa as the Applicant in the matter had filed a declaratory motion against the Commissioner of the Electoral Office to challenge his decision that Alaiasa's name was to remain on the corrupt practices list for five years ending on 26/04/16.

This meant he could not vote or run at the next General election.

In 2011, Alaiasa won the General Elections for the Anoamaa i Sasae Constituency.

However, an election petition was brought successfully against him resulting in his seat being voided. His name was also included in the corrupt practices list.

A few years back in 2009, Parliament had amended the Electoral Act so that the four year period in which a person's name remains on the corrupt practices list pursuant to s.32A Electoral Act 1963 was replaced by the figure 5.

The change was not meant to come to force until 1 June 2011, in accordance with s.1(3) Electoral Amendment Act 2009.

For some time, Alaiasa had been writing to the former Electoral Commissioner seeking if he could either vote or run at the next General election in 2016.

They maintained the view, however, that he was disqualified from doing so for five years ending on 26/04/16.

So Alaiasa challenged the decision in Court, arguing that at the time his name was entered on the corrupt practices list on 26/04/11, the old law still applied. He insisted that he should only be on the corrupt list for four years, not five.

When the matter was filed, the Attorney General's Office, acting for the Electoral Commissioner, lodged a strike out motion.

They argued that the commencement time of 1 June 2011, applied retrospectively so that Alaiasa was still caught by the five-year period.

Alaiasa disagreed. He argued that Parliament’s intention was precise and unambiguous as to the application of the change of time.

The strike out motion was withdrawn and replaced by the notice of opposition by the Electoral Commissioner. The matter was set at a hearing yesterday morning.

Yesterday, Justice Aitken issued the following orders:

• That as of the 26/04/11, the four year period under section 32A Eelctoral Act still applied and the amendment to 5 years only commenced on 1 June 2011 so that the Applicant is disqualified from voting or running as a candidate for four years only and not 5;

• That given the above order, the Applicant's name is to be removed from the corrupt practices list forthwith;

• That with the removal of the name of the Applicant from the corrupt practices list it follows he can vote or run at the 2016 General elections;

• That the parties are to negotiate on costs to be paid to the Applicant and should there be no settlement then the costs issue will be referred back to her Honour to determine.

Outside Court, the businessman was relieved that his name is finally cleared.

Alaiasa said the matter had not only affected him but those that were close to him.

“It’s more than just clearing your name,” he said.

“You’re talking here about your family and the constituency that you had let down as well. It’s over now but it has been a burden on my family and those involved.”

Asked if he will be running in next year’s election, Alaiasa said that would depend on the constituency. He said that there is no point running if a candidate does not get the support of the constituency.

Lastly, the businessman acknowledged the support of his constituency and his lawyer, Alalatoa, that had made the victory possible.