The Office of the Attorney General has issued a public statement setting out the separate roles of investigators, prosecutors and judges, days after the Electoral Court referred matters arising from the Toelupe Poumulinuku Onesemo case for review. On 27 March 2026, the office said the justice system depends on a clear division between investigation, prosecution and adjudication.
In the statement, the Attorney General’s Office said decisions on whether to investigate or lay charges fall within the independent discretion of investigative and prosecuting authorities. It said the role of the judiciary is different, describing the courts as independent and impartial arbiters responsible for ensuring proceedings are conducted fairly and according to law.
The statement came three days after the Electoral Court voided Toelupe Poumulinuku Onesemo’s election in Falealili No. 1 after finding bribery had been proven beyond a reasonable doubt. The court found that ST$150 was given to a voter to influence his vote and also referred an alleged $100,000 payment claim to the Attorney General for review and possible action.
In that same ruling, the court noted that the Attorney General had appeared as counsel for the respondent and said appropriate steps would need to be taken to avoid any potential conflict of interest as the matter moved forward.
Without naming any specific case, the Attorney General’s Office said preserving the distinction between these roles is necessary to protect prosecutorial independence, preserve the impartiality of the courts, uphold the right to a fair trial and maintain public confidence in the administration of justice. It also said prosecutors are not subject to direction by the judiciary in relation to investigative or charging decisions, and that judicial oversight is properly exercised once a charge has been filed before the court.
The office said it remains committed to the rule of law, independent prosecutorial decision-making and support for a judiciary that is respected, independent and impartial.
This article is based on a press release issued by the Office of the Attorney General and public reporting by Samoa Global News and the Samoa Observer.
