Pago Pago, AMERICAN SAMOA — Senate President Tuaolo Manaia Fruean is puzzled as to why the media was banned from a recent Senate Select Investigation Committee (SSIC) hearing by Chairman Senator Togiola T. A. Tulafono.

Tuaolo told Samoa News on Friday that he will “enquire about it. My understanding is that SSIC hearings are open to the public; they are not closed hearings.”

Last month the SSIC held a hearing where the manager of the Survey Division, Amesone Laulu testified, and the media was banned from entering the Fono chambers.

“This hearing is a closed door hearing and the media are not allowed,” SSIC Chair Togiola told Samoa News reporters at that time.

The hearing focused on the survey of the Nu’u fou land consisting of over 400 acres that was conducted by Laulu. The survey has the seal of the ASG manager’s certificate on it.

The survey of the Nu’ufou land was at the center of criticism by the public, which led to the hearings before the SSIC starting in July this year. However, at the time Laulu was overseas when he was first subpoenaed to testify on the issue. 

Tuaolo told Samoa News there are SSIC bylaws but, “I have no knowledge about the authority of the SSIC Chairman to ban the media.

“These are public hearings as the media are the eyes and ears of the public,” he said.

The Senate President then called in the Senate’s Legal Counsel, Mitzie Jessop Taase and asked whether there is any law governing the SSIC giving authority to the chairman to ban the media.

Mrs Ta’ase said the SSIC can hold closed door hearings but only for “sensitive matters”.

Tuaolo added that “the closed door hearings happen when it comes to discussions by the SSIC” but not hearings as it’s a matter of public interest.

In the meantime, Senators last week approved the continuance of the Senate Select Investigating Committee (SSIC) for the 38th legislature.

According to the resolution that was approved, it authorizes the reinstatement of the SSIC to resume review of government operations and its financial condition and to investigate any unlawful actions, conflicts of interest or other unethical conduct, waste, fraud and abuse involving procedures, practices, receipts and expenditure of local and federal funds, violation of the anti-deficiency law, misappropriation of equipment vehicles or funds, violation of the anti-deficiency law, misappropriation of equipment, vehicles or funds and any other activities of misconduct involving government operations within all departments and agencies and enterprise operations of the American Samoa Government. 

Furthermore the SSIC comprises nine members as appointed by the President who has reappointed the following individuals to the SSIC:

1. Senator Togiola T. Tulafono, Chairman 

2. Senator Magalei Logovi’i, Vice -Chairman

3. Senator Faiivae I. Godinet 

4. Senator Alo Paul Stevenson 

5. Senator Ma’o Fa’auma Gogo 

6. Senator Utu Sila Poasa 

7. Senator Uti Petelo 

8. Senator Fonoti Tafa’ifa Aufata

9. Senator Ponemafua Tapeni.

The SSIC shall adopt rules consistent with Title 2, Chapter 10, of American Samoa Code Annotated as amended, to govern its proceedings and the conduct of its hearings, the giving of oath prior to taking any testimony, the subpoena of witnesses and subpoena duces tecum of government or private documents, records, files, records in digital format emails, reports, etc.., and other rules that the committee deems appropriate; and 

 “Be it further resolved, that the duration of the Senate Select Committee shall be for the entirely of the thirty- eighth legislature; in addition to the nine members appointed to the said select committee, other Senators may participate in the committee hearing’s as permitted by the said committee selected to preside in any of the committee’s hearings.”