ELECTION APPEAL HEARING TODAY

The Appellate Division of the High Court will hear today the appeal to the election challenge brought by Tualauta Candidate Lucia Bartley against the Chief Election Officer Tuaolo Manaia Fruean.

Last week Associate Justice John Ward granted a motion allowing Tualauta Representative Vui Florence Saulo to intervene in said appeal.

The challenge lodged by Bartley was denied by the Election Office, noting that Saulo has satisfied the U.S. National requirement for candidates for the American Samoa House of Representatives in accordance with Article II Section 3 of the American Samoa Constitution.

Bartley then appealed the ruling to the Appellate Court. Gwen Tauili’ili Langkilde is the attorney for the Election office and Bartley’s attorney is Richard DeSaulles, while Marcellus Talaimalo Uiagalelei and Toetasi Tuiteleleapaga represent Saulo.

Last week, Bartley’s attorney filed a motion to supplement the record in accordance with local statute. The motion, dated September 29, 2014 will be heard tomorrow at 1p.m., along with the dismissal motion against Barley’s petition.

The supplemental motion says that the record on appeal filed by the Election Office on September 19, 2014 includes exhibits, certified copies of Saulo’s candidate and voter registration file, however “notoriously absent from Saulo’s voter registration file was any copy of her birth certificate despite a clear, handwritten reference to it on the list of documents utilized for verification.”

The incomplete file presented to the court by the Election Office appear to be copies of the same files that petitioner’s counsel inspected. “These documents are still not conclusive as to the ultimate issue of whether Saulo is a valid, bona fide US National and subsequently whether Fruean made the proper determination regarding her candidacy.”

The petitioner states she has reason to believe that the following agencies and entities do possess documents relevant to a determination of Saulo’s place of birth: Office of Vital Statistics, Department of Health, Administrative Services, Division of the Archives and Records Management, Social Security Office for the territory, United States Army Recruitment Office, Immigration office and United States Department of State.

Petitioner presented, and the court issued subpoenas to the Office of Vital Statistics and DoH on September 18, 2014, however other subpoenas for other agencies were denied by the court. Petitioner further seeks the court to grant motion to issue subpoenas to the Social Security office, US Army Recruiting office, Immigration office and United States Department of State.

MOTION TO QUASH SUBPOENAS BY SAULO’S ATTORNEY

In the meantime, Saulo’s attorneys, Marcellus Talaimalo Uiagalelei and Toetasi Fue Tuiteleleapaga have filed a motion to quash the subpoenas for the Vital Statistic Office and DoH.

According to Saulo’s motion, two subpoenas were issued by the court clerk on behalf of petitioner. Intervenor Saulo received the filed copies on September 18, and on September 19, 2014 and the court issued an order directing the Acting Court Clerk not to issue the subpoenas that were submitted by Bartley’s counsel, “until or unless the full Appellant Panel has been presented with, heard and decided a motion to supplement the record pursuant to ASCA 4.1043 (a) or motion to correct modify, or otherwise address the content of the record pursuant to ACR 1o (e) or both.

Saulo’s attorneys argue that while the court order is clear that the subpoenas should not be issued until the full appellate has an opportunity to view, hear and decide motion, what is not clear is whether the subpoenas, which were issued on September 18, 2014 have been officially quashed, as they were issued prior to the date on which the order was issued — September 19, 2014.

“The subpoenas are inappropriate and inapplicable before the Appellate Court as the standard of review of the Chief Election officer’s decisions is not “de novo.” (De novo means it is deciding the issues without reference to the legal conclusions)

Saulo’s attorneys further point out that these two subpoenas are still within the control of petitioner and may still be used to receive documents that she has no legal right to. The motion to quash was granted.

MAN FROM SAMOA BROUGHT PACKAGE CONTAINING MARIJUANA

The Department of Public Safety, Vice and Narcotics Division arrested a man on Monday, after K9 Grace alerted near a man from Samoa who had just arrived at the airport.

According to police, the marijuana was found inside the suspect’s belongings as it was packed inside bags of chips. Police estimated the value at close to $7,000 USD.

Police told Samoa News the man told them that he was approached by a woman at the airport in Samoa, asking if he could bring a package from Samoa to the territory. According to the police, a woman who was at the Tafuna airport to pick up the package was also taken in for questioning.