Pago Pago, AMERICAN SAMOA — The Senate Health Committee hearing scheduled for this morning where among the witnesses subpoenaed to testify were LBJ Board chairman, former LBJ CEO Dr. Akapusi Ledua and former LBJ COO Dr. Jean Anderson has been postponed to Monday next week due to advice from the Senate’s legal counsel.

The postponement as committee chairman Senator Tuiasina Salamo Laumoli informed senators during yesterday’s Senate regular session, was initially for an indefinite period of time — until further notice.

LBJ CEO Dr. Akapusi Ledua and former LBJ COO Dr. Jean Anderson have both had their contracts terminated by the Board and are the focus of the committee hearing.

Senator Alo Paul Stevenson responded to the announcement saying he did not understand why the hearing was being postponed indefinitely and requested a more detailed explanation.

Senate President Tuaolo Manaia Fruean explained that the Health Committee chairman had been advised to postpone the hearing because certain issues may put some of the witnesses in violation of the law.

He said the concern was that the matter may end up in court and witnesses’ answers to questions posed by committee members may implicate them later.

However, Tuaolo emphasized that the individuals who have been terminated by the board can go ahead and sue the board if they feel their termination had been unjust, and all the information on their cases would be made known in due time in court.

Senator Togiola T.A. Tulafono clarified that he was not going against the decision made to postpone the hearing upon advice from the Senate legal counsel which the president had supported.

"However, my concern lies with the fact that when we investigating the $36 million surplus funds spent by the Executive Branch without prior approval from the Fono, there were no measures of caution adopted to safeguard the potential implication of government employees under investigation," Togiola pointed out.

"Even the questions posed to government employees who testified that would have incriminated directors and those in management positions, were asked without hesitation or fear.

“This was because the Fono was in consensus to pursue the matter to its conclusion.

"We reached this conclusion when we unanimously passed a resolution requesting the Attorney General to petition the Chief Justice for the appointment of an Independent Prosecutor to investigate what we perceived to be potential legal violations uncovered during our hearings.”

Senator Togiola argued that postponing the hearing indefinitely, which could mean it may never occur, would give the impression that the Fono was shirking its mandated responsibilities. He stressed that whatever came out of the hearing, they were obligated to let the public know what was going on in the government.

The Sua senator requested that Tuaolo question the Senate legal counsel’s rationale for the proposed postponement and reconsider all perspectives, as the public was eagerly awaiting and scrutinizing the Fono’s course of action.

"But my own opinion is that we shouldn't stop or postpone a hearing that we feel will give us the true happenings in this government entity," he stated. "We should lay everything out and discuss what should be done and the right thing will be done."

Togiola said not to be worried about potential lawsuits against the government saying that it was the right of the individuals who have been terminated if their appeals were proven in court. He stressed the Fono was duty-bound to the public to pursue the right thing.

Senate President Tuaolo then announced the session on hold while the Health Committee convened in the Whole to discuss the matter.

Legal counsel Mitzie Jessop-Ta'ase was then summoned and was starting to elaborate on the matter when Senator Magalei Logovi'i moved that the media and everyone else in the chamber should vacate the premises.

After about 15 minutes, the session was reconvened and Tuaolo announced that the hearing would take place on Monday, September 9th, 2024.

Further announced was the addition of the LBJ Human Resources Director Stanley Iakopo to appear during Monday’s hearing.