AG's Office terminates MV Manuatele's lease with ASG

By Fili Sagapolutele
Samoa News Correspondent

The Attorney General's Office has terminated the lease agreement between ASG and the American Samoa Inter-Island Shipping Corporation (ASIISC) regarding the MV Manu'atele III because of non-compliance.

The Manu'atele ships cargo to Manu'a. According to the AG's Office, one of the reasons the lease has been terminated is because ASIISC owes the government $25,000 in lease payments as of August last year.

However, sources say the government owes ASIISC about $45,000 in non-payment of shipment services and the Port Administration has refused to off-set this amount with ASIISC's outstanding lease payment.

Samoa News has learned that the amount owed to ASIISC was during the time of Cyclone Heta when the Manu'atele shipped cargo to Manu'a on behalf of other ASG departments, but not for the Port.

In a Jan. 23 letter, Assistant Attorney General Valerie A. McGuire informed Sao Nua of ASIISC that the lease has been terminated; the lease was signed in May 2001.

McGuire said Nua was notified in July 2005 that the company was in breach of its contract and that the vessel had been placed on hold, yet no remedial actions were taken.

"This termination of the contract is due to your non-compliance with terms of the lease particularly as to arrears in lease payments, however, your lack of compliance with insurance requirements, lack of scheduled service runs, lack of Coast Guard Certification and lack of proper maintenance and repair were additional reasons for this termination," she said.

According to McGuire, the government will be seeking all arrears in lease and maintenance payments from ASIISC.

The Port Administration has been in contact with the AG's Office since March last year to terminate the lease, noting that ample time had been given to ASIISC to correct the deficiencies.

ASIISC official Aina Saoluaga T. Nua said the matter is now with the company's attorney Robert Maez, who declined to comment last week citing that the company is having ongoing talks with the AG's Office.

The Manu'atele is now back in the care of the government and a full maintenance check of the vessel is being conducted. The ASG-owned MV Sili is still operating the Manu'a route every two weeks (during pay periods) as well as special trips and quarterly sails for Swains Island.

Besides Manu'a and Swains, the MV Manu'atele had also sailed around 2003 to and from Savai'i.

Reach the reporter at fili@samoanews.com.

© Osini Faleatasi Inc. dba Samoa News reserves

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Senate scrutinizes pardon granted to new Manu'a Senator designate
By Fili Sagapolutele
Samoa News Correspondent

Senate President Lolo M. Moliga has compiled information to present to senators regarding the background of senate-hopeful Vaitautolu Liugalua, which includes a copy of his pardon by late Gov. Uifa'atali Peter Coleman for a criminal conviction.

Vaitautolu has been selected as the new senator for Manu'a District #1 (which is comprised of Ta'u, Falesao and Fitiuta).

According to information received by Samoa News, Vaitautolu was convicted of a sex-related crime, but he was pardoned by Governor Coleman.

Because Monday is a joint Fono session, Lolo said Vaitautolu's name will be officially presented to Senators when the Senate convenes Tuesday.

Lolo is gathering information about Vaitautolu to present to a three-member committee to review, and report to the floor their recommendations.

If approved, Lolo said Vaitautolu will be sworn into office the following day.

"We want to make sure that the file on Vaitautolu is complete and well prepared to be presented to a Senate special committee to review it next week," Lolo said.

The Senate President said yesterday that he received Vaitautolu's name last week from the Office of Samoan Affairs. He said he requested a copy of a pardon statement "after the Senate was informed of his previous conviction."

Lolo said he received the pardon statement, signed by Governor Coleman and based on a recommendation from the Parole Board.

The Senate also made requests to other district officials to provide additional information such as the certificate of Vaitautolu's matai registration.

"This information was requested due to past incidents where the matai title of an incoming senator was challenged by the chamber," said Lolo.

Vaitautolu, who fills the district's second seat left vacant due to the passing last year of Sen. Ma'o Tima Jr., was selected during a Dec. 15 meeting in Ta'u, according to Manu'a District Governor Tufele Li'amatua.

He said this followed Governor Togiola's writ of special election, which was issued on Nov. 21, 2007.

Vaitautolu was first selected during a Nov. 11 meeting, but that selection was invalidated because it was done before the governor's writ was issued.

(C) Osini Faleatasi Inc. dba Samoa News reserves all rights.

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