Betrayal Hurts, But Not Court Hearing

I’ve been following a current hearing in Auckland’s High Court (Colin Craig vs Cameron Slater) quite closely and share here the takehomes from attending the hearing this morning. I just happened to strike the day when Orewa-based lawyer Madeleine Flannagan took the stand and heard her story of how she was the primary source of the events that led to WhaleOil’s posts and subsequent legal challenges. I found the whole experience interesting to say the least. Enjoy another side of the courtroom stories that journalists have been feeding to the world. [Read more…]

Samoa’s Judiciary vs Samoan Politicians

Samoa has a Human Rights issue with a recent Supreme Court Judge ruling that a case before it for more than a year, be “taken off the list” due to my non-appearance. As a “prohibited immigrant” (a political decision) I cannot return to Samoa, and for a Supreme Court Judge to require me to appear ( a judicial decision) thus denies me justice. In this post I share the background to the dilemma, show the recent communications and discuss some of the issues it raises. Enjoy! [Read more…]

SWAP Goes to Court in Samoa

Notice of civil action on Camp Samoa's gate. An application for an Interim Injunction is before the Supreme Court of Samoa 14 October 2016.

Notice of civil action on Camp Samoa’s gate. An application for an Interim Injunction is before the Supreme Court of Samoa 14 October 2016. Click the pic for a close-up view.

I tried for years to avoid it. I warned the government many times verbally and in writing, from the plebs to the Prime Minister and everyone in between but on Friday the SWAP Foundation lodged an Application for an Interim Injunction in the Supreme Court of Samoa, against the Attorney General on behalf of the Samoa Land Corporation preventing them taking any action over the lands in dispute. Here are the documents relating to the civil action and commentary. I can’t wait for our day in court! [Read more…]

Private Prosecutions in Samoa

Edwin Joseph (Force) Schmidt, now charged with thirteen crimes, perjury, theft, intentional damage, threatening to kill and intimidation

Edwin Joseph (Force) Schmidt, now charged with thirteen crimes, including perjury, theft, intentional damage, threatening to kill & intimidation – all Private Prosecutions

In this post I describe the process and detail challenges for laying criminal charges privately in Samoa. It’s not an easy thing to prosecute (even more challenging to do it privately) but it is perfectly possible and is an accepted legal action. In this online guide I use the thirteen charges I have laid against Edwin Joseph (Force) Schmidt from Alafua as examples, showing the applicable Statute and how I have applied the law to the Informations (charges). [Read more…]

Olinda Woodroffe on Fire

woodroffe-vs-fisherOlinda Woodroffe has just released news that she’s sued the top Judge in Samoa AND the Government of Samoa – for a cool $4m. Holy Schmoley, this lady is on fire! I’m not aware of others attempting to take on someone like an Appeals Court Judge, especially one imported from New Zealand, and at his own game too! Here’s my take on it all, and how one lady lawyer can justify doing the unthinkable, taking on the top dog in law, using the law . . . fireworks and sleepless nights are the order of the day methinks. [Read more…]

Cover-Up – Samoan Police (2010-2016)

COVER-UP2Egon Keil, recently appointed Samoan Commissioner of Police was billed on his appointment as the ‘fixit man’ for corruption in the Police. In his third week of employment in his new role I met with him personally and predicted that he would have a difficult time ahead if he was serious about that intent. I also warned him to keep an eye out for one matter – my case before the PSU. Since then the cover-up has continued. As of today though I can go public, for today I have the last piece of evidence to prove corruption and a cover-up of actual crimes going back more than five years! Here’s a precis of events covered in the book and the significance of today. [Read more…]

Dealing With Dodgy Samoan Lawyers

dd-3dI’ve had a good day in court today but my blood is boiling. Here the Palagi Samoan blogger shares three stories of more dodgy Samoan lawyers – first the one that I’ve charged with a crime of dishonesty; then a guy who got roasted by the judge and misrepresented his client badly but shamelessly let his clients love him to bits who thanked him profusely for doing whatever he tried to do; then yet another Samoan lawyer suing her sister for defamation when she told the truth . . . oh yes, and the judge . . . well he’s their cousin! OMG, could it get any crazier? OK Samoa, get ready for gossip . . . here we come! [Read more…]

Credibility: Samoa Observer vs Blogger

defending-on-the-truthIn this post I share the entire contents of my Statement of Defence (and Counter-Counterclaim) in the $2m defamation case in the Supreme Court of Samoa, Samoa Observer vs Dennis Arthur Smith. I’m “going” on truth, nothing else. It’s now a full scale credibility war between the MSM and a blogger; between a Samoan High Chief and a Palagi (foreigner); a rich man vs poor man; a socially connected & powerful man vs a virtual social outcast. Legal Eagles will likely find it interesting.
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Samoa Observer – The Facts Please

tell-the-truth-pleaseMy motion lodged in the Supreme Court of Samoa today requests that Samoa Observer resubmit their Statement of Defence based on reality and not fabrications. Their lawyer, Rosella Viane Papalii will likely be scratching her head over this one because it’s a pretty direct backhanded swipe at her Statement of Defence and in some ways could be a taunt along the lines in sport, “Oh, please can have a better team to compete against?” Ouch! [Read more…]

Lessons in Logic for Samoan Lawyer

liers-cheetsIn this post I hand Samoan lawyer Rosella V. Papalii a lesson in legal logic, effectively ‘roasting’ her for the illogical grounds of her opposition to my motion to separate their $2m defamation case from my $3,500.00 civil case against Samoa Observer. Following my claim that there was no causal factor between the two cases, she responded stating that the “primary causal factor [is my] disgruntled attitude” towards her client. It is illogical that a [supposed] attitude can be a legal cause in defamation because as far as I know and understand the law, defamation relates to ACTUAL WORDS, ACTUALLY SPOKEN, about ACTUAL PEOPLE at an ACTUAL TIME and PLACE! Incredible, and as they say, only in Samoa! [Read more…]