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Alert

Judge refuses Samoan Prime Minister full claim, but newspaper's costs mount

(PINA/IFEX) - "Samoa Observer" editor-publisher Savea Sano Malifa and his
newspaper have got another heavy financial blow. On 16 September 1998, the
Samoa Supreme Court awarded Samoa's Prime Minister, Tofilau Eti Alesana,
$WS75,000 court costs against them, in addition to the earlier $WS50,000
defamation judgement in the case. But, Justice Sir Gordon Bisson refused to
award the full $WS549,441 sought by Tofilau for his legal costs. This
included engaging law firms in Samoa, New Zealand, and Australia.




**Updates IFEX alerts of 15 July, 22, 20 and 14 May, 30 April, 11 March
1998; and 24, 15, and 4 December, 18 November, 31 October, 12 September and
24 May 1997**
The judge said he took into account that, on a claim of damages for
$WS400,000, the Prime Minister was only 12.5 percent successful with an
award of $WS50,000. He said he also took into account that if Tofilau had
"elected to open and give evidence in the usual way in support of his case
there would have been a substantial saving in time and expense." He also
said that Malifa and the "Observer" were successful in the principal legal
argument of the case, which was strongly opposed by the Australian Queen's
Counsel representing Tofilau. This is that recent New Zealand court
decisions on qualified privilege for statements about the actions and
qualities of current, former or aspiring members of parliament should apply
to Samoa. The judge said this was "a proper development of the common law in
the interests of freedom of speech and expression in political discussion,
without removing the balance needed to prevent defamation." The judge said
he did not take into account that the Prime Minister's case was being funded
by the Samoan Government.

The civil action is over claims public funds were used to upgrade a hotel
owned by Tofilau's children in preparation for a visit by Britain's Prince
Edward. It is separate to a charge of criminal libel which Malifa and a
Samoan-language section editor still face over a letter to the editor in the
"Samoa Observer" strongly criticising Tofilau.

In an earlier faxed message to the PINA Secretariat in Suva, Malifa said he
has already had to pay $WS230,000 in legal fees, while the Prime Minister's
legal fees of $WS783,000 are being paid by the Samoan Government from public
money (see IFEX alert of 20 May 1998).

Background Information

The "Samoa Observer", which was founded by Malifa and his wife Jean, is
Samoa's only daily newspaper and main independent news voice. In recent
years, Samoa's independent news media and journalists have faced increasing
pressure after highlighting stories alleging growing corruption and abuse of
public office. The "Samoa Observer" printing plant was burnt down under
highly suspicious circumstances; Malifa was assaulted by relatives of a
government minister; government advertising was withdrawn from the
newspaper; threats were made to impose newspaper licensing; and a law was
introduced requiring journalists in libel actions to reveal their sources.