Former Police Officer Fined for Making Defamatory Remarks Against Former Speaker of Parliament

2026-03-19 - 05:54

The matter stemmed from a complaint lodged by former Speaker of the Parliament of Samoa, Nafoitoa Talaimanu Keti, against former police officer Paepaetele Earnest Junior Betham, also known as Faasavalau Junior Betham. The complaint relates to defamatory remarks made during an interview broadcast on EFKS TV on 29 March 2021, in which the defendant allegedly accused the complainant of the sexual violation of a policewoman. Paepaetele was charged with making a false statement causing harm to a person’s reputation and resisiting arrest on the 3rd day of April 2021 at Tafagamanu Leafaga when he intentionally fled from police, using a motor vehicle namely taxi, in order to evade the police, in the execution of their duty. The hearing began the following year in 2022, however the court’s decision was delivered three years later in December 2025, by Justice Loau Doanld Kerslake while he was a District Court Judge. The ruling has since been published on the Pacific Islands Legal Information Institute, (PACLII). During the proceedings the court called the alleged victim of the statement made by the defendant when he said “Nafoitoa tried to rape a female officer, whose name was suppressed permanently to give evidence. She denied during her evidence the allegation made by the defendant. “Sa ku le makou kaavale ii ua kape le kaavale. Uma loa laia lea ua oso i fafo le alii leoleo o Popo, laa oso aku ma a’u ae fai mai loa Nafoitoa e faakali se’i uma ga ou alu i kokogu o le ofisa. “Ia sa ou gofo lea i kokogu o le kaavale. Ou gofo a i kokogu o le kaavale ae kalakalagoa mai a Gafoi iā ke a’u. Sa ou faalogo foi gale pei ua lē fekaui le kalagoa e sili ai lo’u alu ese. Ou ku loa i luga ou alu i kokogu o le ofisa ae gofo a Gafoi i kokogu le kaavale, e le’i koe faapea iā a’u a mea e gofo aua ge’i ou alu. Ga ou ku a ou alu.” The Prosecution at the time told the witness to explain to the court why she did not lodge a complaint and the witness said it’s because nothing happen. Pros: “Tago e faamatala i le faamasinoga se mafuaaga ua lē faia ai? Wit: “Ou ke iloaga o le kulaga ua lē faia ai lea kulaga oga e leai se mea sa kupu.” In delivering his ruling, the defendant elected not to give evidence which is his constitutional right. “Accordingly, the only material available to assess his belief consists of Exhibit P.1 the Lauao Sinasina programme of 29 March 2021 and the testimony of Constable Popo Tusa. No further evidence has been adduced to demonstrate that the defendant held an honest belief in the truth of the statement, “ said Justice Kerslake. “I do not accept that the defendant held a genuine belief in the truth of the statement. The defence relies on the testimony of Constable Popo Tusa and the fact that an inquiry was conducted by the Professional Standards Unit. However, neither of these matters establishes that the defendant himself believed the allegation to be true.” As for the charge of resisting arrest the prosecution did not prove beyond reasonable doubt any evidence to prove the charge and he therefore dismissed the resisting arrest charge. In delivering the judgment, Justice Loau Donald Kerslake apologised to both the defendant and counsel for the delay in the decision. He explained that the case was among a number of outstanding matters resulting from adjournments and rescheduling following the COVID-19 lockdowns, which significantly affected the workload of the District Court of Samoa. At the conclusion of the case, Paepaetele Earnest Junior Betham was convicted and ordered to pay a fine of $1,500 tala.