Following a two-day bench trial last week, the High Court has taken under advisement a complaint by the Congregational Christian Church of American Samoa (CCCAS) against Rev. Elder Amaama Tofaeono, who allegedly refused to vacate CCCAS housing he and his wife occupied, after his ministerial duties - including his CCCAS General Secretary post - were suspended for a certain amount of time.

The complaint seeks summary judgment against the defendants, Tofaeono and his wife, Joan Aleluia, who is also an ordained CCCAS minister. However, the defendants claim that the plaintiffs lack sufficient evidence to prove its case.

The bench trial — presided over by Acting Associate Justice Elvis P. Patea and assisted by Associate Judges Suapaia Pereira and Satele Lili’o-Satele — began last Tuesday. Representing the CCCAS and ranking church officials is Gwen Tauiliili-Langkilde, while Tasi Tuiteleleapaga is the legal counsel for Tofaeono and his wife.

Tofaeono was elected General Secretary at last year’s biannual meeting and was assigned a newly renovated three-bedroom, one-story home, inside the Kanana Fou compound. The house is near the CCCAS main office, according to the amended complaint filed on May 19 which also states that the house is assigned to the General Secretary rent-free, not including utilities.

According to the plaintiffs, the CCCAS Elder Ministers of the Elders Committee, which has sole responsibility for the clergy and ministerial activities, had informed the defendants, Tofaeono and his wife, in writing on Mar. 22 to vacate the premises by Mar. 31

However, CCCAS General Assembly vice chair Rev. Elder Fa’aeteete Saifoloi testified during the first day of trial that Tofaeono and his family had refused to vacate the premises.

The action by the Elders Committee to remove Tofaeono and his family from the premises, followed an earlier decision (by the Committee) to suspend for three years Tofaeono’s ministerial duties, while his wife, who also is a church minister, had her ministerial duties suspended for one year, according to Saifoloi’s testimony.

With his ministerial duties suspended — Tofaeono’s post as General Secretary is automatically removed, in accordance with the church constitution, which states that only a church minister holds this post, he said.

The Elders Committee suspended Tofaeono’s ministerial duties because of family issues — between Tofaeono and his wife — that ended up before the committee. Among the family issues, according to Saifoloi’s testimony, is an allegation that Tofaeono had a “mafutaga fa’alilolilo (or secret relationship)” with a woman, while his wife and the couple’s daughter, were in New Zealand for education purposes.

While in New Zealand, the wife received word from trusted friends in American Samoa regarding a secret relationship between Tofaeono and another woman, according to court testimony. Based on this information from trusted friends, the wife and the daughter departed New Zealand and headed to American Samoa without Tofaeono being informed in advance.

The surprise arrival of Mrs. Tofaeono was followed by an alleged dispute between the couple, resulting in Tofaeono using strong words that led to a private peace disturbance. In need of assistance, the wife sought out Saifoloi, who was then told of what was happening to their family.

Before the church could begin to provide assistance, Saifoloi alleges the matter got worse after the wife went to the office of the woman, who is alleged to have had a secret relationship with her husband, to question the woman about the reports she received. The wife allegedly strangled the woman, who almost lost consciousness, until Tofaeono arrived at the scene to calm the situation down, according to Saifoloi’s testimony.

Saifoloi testified that the CCCAS became involved in the domestic matter, because a report about the alleged incident was filed with police, and many church members were now aware of what had happened.

Before the Elders Committee met about the issues involving Tofaeono and his wife, Saifoloi said he had a chance to meet first with Tofaeono, who confirmed the problems within his family as well as the alleged incident between Mrs. Tofaeono and a woman at the church office. However, Tofaeono denied a secret relationship with the woman.

Because of the seriousness of these issues, which now involves an ordained church minister, as well as affecting parishioners and others, Saifoloi testified that he informed Tofaeono that he was going to brief the chairman of the CCCAS, as well as the committee of elders for a final decision on this matter.

It was on Dec. 27, 2016, when the first meeting was held for discussions and the final decision was made to suspend Tofaeono from holding the Secretary General post for four weeks and to immediately vacate the couple from church housing at the Kanana Fou compound. Tofaeono was also placed on leave for three years, while his wife’s ministerial duties were suspended for one year.

The four church elders who made the decision were: CCCAS chair Rev. Elder Eveni Mamoe Jr., Saifoloi, Rev. Elder Fiti Aofia and Rev. Elder Leatulagi Fa’alevao.

During a working committee meeting of the committee of elders earlier this year on January 5, the church elders received a letter from Tofaeono accepting all conditions set by the church, but rejecting being removed from the CCCAS housing, because he and his family have nowhere else to go.

The plaintiffs’ complaint also cites alleged behavior by Tofaeono, claiming that around Oct. 6, 2016, Mrs. Tofaeono met with Saifoloi to allegedly register a complaint about her husband and “his abuse of their daughter within their home”. Around Dec. 13, Mrs. Tofaeono again met with Saifoloi to voice her disappointment in what she considered his lack of follow-up with respect to her complaint.

Then on Dec. 14, Saifoloi met with Tofaeono and advised him of his wife’s complaint and Tofaeono allegedly admitted to the wife’s “allegations with respect to his abusive behavior towards her and their daughter at home.”

Samoa News will report on Rev. Elder Tofaeono’s testimony on the witness stand in tomorrow’s issue. Original Samoan story was published in the Lali section of the May 31 edition of Samoa News.