Patu Tiava'asu'e Falefatu Sapolu
Sapolu in 2015
Chief Justice of Samoa
In office
20 July 1992 – 23 April 2019
Nominated byTofilau Eti Alesana
Appointed byMalietoa Tanumafili II
Preceded byAnthony John Ryan
Succeeded bySatiu Simativa Perese
Attorney-General of Samoa
In office
1988–1991
Prime MinisterTofilau Eti Alesana
Personal details
Born22 July 1950
Vaiala, Western Samoa
Died28 November 2021(2021-11-28) (aged 70)
SpouseTuitama Savaiinaea Iliganoa Sapolu
ChildrenThree
Alma materUniversity of Otago,
University of Auckland

Patu Tiava'asu'e Falefatu Sapolu (22 July 1950 — 28 November 2021)[1][2] was a Samoan lawyer and judge. He served as Attorney-General of Samoa from 1988 to 1991, and as Chief Justice of Samoa from 1992 to 2019.

Early life and education

Sapolu is from Vaiala.[3] He was educated at Marist Mulivai and at St. Joseph's College in Samoa.[4] He attended the University of Otago and University of Auckland in New Zealand on a government scholarship, graduating with a Bachelor of Laws in 1972.[4] He subsequently worked at the Attorney-General's office, as a temporary magistrate, and as a Court Registrar.[4] In 1988 he was appointed Attorney-General of Samoa.

Chief Justice

In 1991 Sapolu was appointed Acting Chief Justice of Samoa. The position was made permanent, and he was sworn in on 20 July 1992.[4] As Chief Justice he oversaw the construction of a new court house,[5] the raising of the judicial retirement age from 62 to 68, and the establishment of specialist courts such as the Family Court and Coroners Court.[4]

In 2010 Sapolu was the target of a failed assassination plot, along with Prime Minister Tuila'epa Sa'ilele Malielegaoi.[6] He was the target of further threats in 2018.[7]

In 2017 he refused to participate in a parliamentary inquiry into the Land and Titles Court of Samoa on the basis that it interfered with the independence of the judiciary.[8]

In July 2018 his contract was extended for another nine months, despite having reached the mandatory retirement age of 68.[9][10] He retired on 23 April 2019.[11] He was replaced in March 2020 by Satiu Simativa Perese.[12] Following his retirement he was given time to clear a backlog of unresolved cases. In one of these, National Pacific Insurance Ltd v Vaivaimuli Corporation Ltd, it emerged that he had reserved his decision in 1997 but never delivered it. A decision was finally released in August 2019, but overturned as unsafe by the Court of Appeal in August 2020.[13] Patu's conduct in the case was described as "disgraceful" by one of the lawyers involved.[14]

Post retirement

Following his retirement, Sapolu became a part-time lecturer in lands and titles law at the National University of Samoa.[15]

In July 2020, Patu was nominated as a Human Rights Protection Party candidate for the electorate of Vaimauga No. 2 in the 2021 Samoan general election.,[16] On 29 September 2020, he was evacuated to New Zealand for medical treatment.[17] He withdrew his candidacy in February 2021.[18] During the 2021 Samoan constitutional crisis, Patu supported caretaker Prime Minister Tuila'epa Sa'ilele Malielegaoi, endorsing his claims that Parliament could not meet until an extra HRPP MP had been appointed,[19] then calling for a second election as a means of resolving the crisis.[20] In July 2021, he publicly supported Head of State Tuimalealiifano Va'aletoa Sualauvi II's order to delay Parliament sitting until August,[21] despite this being found to be unconstitutional by the Supreme Court.[22]

Following his death in November 2021 the government approved a state funeral.[23]

References

  1. ↑ Matai'a Lanuola Tusani T - Ah Tong (29 November 2021). "Former C.J. passes away at home". Samoa Observer. Retrieved 29 November 2021.
  2. ↑ Francine Fiaui (29 November 2021). "Samoa's Longest Serving Chief Justice Passes Away". Samoa Global News. Retrieved 29 November 2021.
  3. ↑ Joyetter Feagaimaali'i (22 April 2019). "Chief Justice Patu exits with message to peers". Samoa Observer. Retrieved 13 June 2020.
  4. 1 2 3 4 5 Joyetter Feagaimaali'i (31 December 2019). "2019 People of the Year: Patu Tiava'asu'e Falefatu Sapolu". Samoa Observer. Retrieved 13 June 2020.
  5. ↑ "SAMOA JUDICIARY CELEBRATES OPENING ON NEW COURT HOUSE". Pacific Islands Report. 28 January 2010. Retrieved 10 July 2021.
  6. ↑ Michael Field (6 December 2010). "Samoan PM assassination plot investigated". Stuff. Retrieved 13 June 2020.
  7. ↑ "Security increased for Samoa's Chief Justice after threat". Fiji Times. 1 December 2018. Retrieved 13 June 2020.
  8. ↑ "Samoa Chief Justice: Participation In Inquiry Would Hurt Independence Of Judiciary". Pacific Islands Report. 25 January 2017. Retrieved 10 July 2021.
  9. ↑ "Samoa Chief Justice gets contract extension". RNZ. 20 July 2018. Retrieved 10 July 2021.
  10. ↑ Joyetter Feagaimaali’i-Luamanu (20 July 2018). "Chief Justice Patu's contract extended". Samoa Observer. Retrieved 10 July 2021.
  11. ↑ "Samoa awaits appointment of new Chief Justice". RNZ. 23 April 2019. Retrieved 13 June 2020.
  12. ↑ Joyetter Feagaimaali'i (20 March 2020). "Satiu Simativa Perese is Samoa's new Chief Justice". Samoa Observer. Retrieved 13 June 2020.
  13. ↑ "Samoa court ruling that took 22 years thrown out". RNZ. 15 August 2020. Retrieved 10 July 2021.
  14. ↑ "Samoa judge's role in decades-long case delay called disgraceful". RNZ. 17 August 2020. Retrieved 10 July 2021.
  15. ↑ "The National University of Samoa has announced the appointment of Patu Tiava'asu'e Sapolu to teach Law at Papaigalagala". SBS. 19 February 2020. Retrieved 13 June 2020.
  16. ↑ Soli Wilson (9 July 2020). "Former C.J. Patu to run for H.R.P.P." Samoa Observer. Retrieved 10 July 2021.
  17. ↑ James Robertson (29 September 2020). "Chief Justice evacuated for medical treatment". Samoa Observer. Retrieved 29 September 2020.
  18. ↑ Joyetter Feagaimaali'i (13 February 2021). "Former Chief Justice withdraws candidacy: village mayor". Samoa Observer. Retrieved 14 February 2021.
  19. ↑ Soli Wilson (30 May 2021). "Former C.J. backs caretaker P.M." Samoa Observer. Retrieved 10 July 2021.
  20. ↑ James Robertson (19 June 2021). "Patu calls for second election". Samoa Observer. Retrieved 10 July 2021.
  21. ↑ Sialai Sarafina Sanerivi (11 July 2021). "Former C.J. backs Head of State". Samoa Observer. Retrieved 11 July 2021.
  22. ↑ "Supreme Court Decision 8 July 2021 – 90 Days has Lapsed since the General Election". Samoa Global News. 9 July 2021. Retrieved 11 July 2021.
  23. ↑ Sialai Sarafina Sanerivi (5 December 2021). "State funeral to honour former C.J". Samoa Observer. Retrieved 5 December 2021.
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