Villagers are angry

An application for all registered matai of Tanugamanono Village - there are about 250 of them - to contribute to a payment of close to a million tala owed to the family of Afu Faumuina Tutuila, has angered villagers.

Businessman and former Cabinet Minister, Tupuola Afa Lesa, made the application after nine matai who were directly involved in this matter, had been declared bankrupt leaving him to pay for the compensation alone.

In the Supreme Court yesterday, his lawyer, Taulapapa Brenda Heather Latu, said her client had encountered problems serving the registered matai.

“We have started serving ten so far,” said Taulapapa.

“We ran into difficulties finding people because their location at the time of the registration was not the same as where they are living now."

“We propose to continue serving the matai" she said.

"It has caused huge distress and anger to some of the villagers.”

There are about 200 registered matai of Tanugamanono and about fifty of them live in Samoa.

The matter is presidede over by Supreme Court Judge, Justice Lesatele Rapi Vaai.

Ruby Drake is representing the family of Ms. Tutuila.

Justice Lesatele asked to have the registrar enter a return date so that the matai would know when to appear in Court.

However, Mrs. Drake told the Court the wait will delay payment to Ms. Tutuila.

She explained she has an application to make for an interim payment order.

“There has been no payment since March that covers for December and February,” she told the court.

“That is the reason we moved for a committal warrant as well as trying to serve a bankruptcy notice on the present applicant," said.

"I also know that the moment we apply for a committal warrant against the current applicant he will move again to stop it."

"We are really in a vicious circle; the orders made have not been complied with.”

Mrs. Drake pointed out that Tupuola should be made to pay arrears up to this month in the sum of $16,000.

“I feel that justice is not being served. It is not the fault of the judgment creditor.”

But Lesatele said it would be unfair for the Court to make another commitment order against the particular applicant.

The matter has been adjourned to a date yet to be confirmed.

However, speaking outside the Court Mrs. Drake said $35,000 had already been paid.

And yet the matai and faipule of Tanugamanono had been ordered to pay a total of $860,000 for damages to the family of Ms. Tutuila.

In June this year, Tutuila questioned the court's decision to declrare bankrupt those eight matai of Tanugamanono.

Her complaint was published in a story carried by the Samoa Observer on 9 June 2015.

She said then: “They have been let off the hook.”

“They destroyed our properties. They hurt us and we are still hurting as we have had to rebuild our lives from nothing.”

“Now the Court has declared them bankrupt which basically means they will not be paying the compensation.”

“It’s a bad example for everyone."

Ms Tutuila then said "I respectfully seek the Court’s indulgence to reconsider its decision.”

"We need help.”

Last month though those eight matai were declared bankrupt.

The Court's decision apparently came after the matai were jailed for failing to pay compensation to the family of Ms. Tutuila.

That left the former Member of Parliament, Tupuola Afa Lesa, to pay the remaining debt of around a million tala.

In response to the court ruling, Ms. Tutuila said she was extremely disappointed.

“They shouldn't be declared bankrupt because it’s not a loan they are paying," she said. "It's compensation for our properties that they destroyed.”

“We find the decision sad.”

Ms. Tutuila also questioned the validity of the bankruptcy claim by the matai in question.

She revealed that "the biggest church denomination in the country has just granted them a $50,000 loan." She did not say which church denomination she was talking about.

What she said was: “I don’t know how it’s possible for them to be declared bankrupt and yet they have borrowed from the main church.”

“Where is the justification of their claim that they are bankrupt when they have borrowed from the church? Why is it then that they cannot pay compensation to us?”

“We feel that it’s totally unfair for us. It’s a bad precedent to allow them to get away from what they are legally obligated to pay.”

At the time, Ms. Tutuila said they had instructed their lawyer to look into the matter again.

The family of Ms. Tutuila, who was banished from the village, had been awarded a compensation of close to a million tala after their property was destroyed during a land dispute with members of the Congregational Christian Church of Tanugamanono.