Court prayers chief defense

ROBERT GARDNER

* EDITOR’S NOTE: The Daily Pilot has agreed to republish The Verdict,

the ever popular column written for many years by retired Corona del

Mar jurist and historian Robert Gardner, in exchange for donations to

the Surfrider Foundation. This particular column was originally

published Jan. 16, 1993.

It is probably a matter of little or no interest to anyone, but I

was at one time the chief justice of the High Court of American

Samoa.

It was a great job. I would sit there on the bench wearing my

pandanus pod necklace, which indicated that I had the same standing

as a senior matai (high chief) and feel mighty important. I was

flanked on each side by an honest-to-God senior matai. These were

called associate judges. They weren’t judges in the usual Western

sense of the word. They weren’t lawyers. Basically, they were there

to advise me as to Samoan customs and traditions, which the United

States had guaranteed to respect when we acquired the islands.

Usually, I was the only person in court who didn’t speak Samoan.

The lawyers, the parties, the witnesses, the spectators all were

Samoan, and all proceedings were carried on in Samoan.

Thus, the official court interpreter, High Talking Chief Afuola,

was very important to me. He sat directly in front of me and

interpreted all that Samoan to English, so I would know what was

going on.

One day, we were trying a crusty old matai for blocking access

across his lands from the village to the church and school. I asked

him if he had an opening statement. The old man came to his feet,

closed his eyes and began a long harangue in Samoan. Court

Interpreter Afuola, head bowed, said nothing.

I nudged Associate Judge Tauanu’u who was sitting next to me.

“Why isn’t Afuola interpreting?”

“Because the old man is praying,” whispered Tauanu’u.

Well, that made sense. God obviously doesn’t need an interpreter.

He (or she) is obviously multi-lingual. Otherwise, he (or she)

couldn’t understand all those prayers being addressed to him (or her)

constantly in hundreds of languages and dialects.

However, being more curious than devout, I persisted: “What is he

praying about?”

“He’s praying to God to help you arrive at the right decision,”

explained Tauanu’u.

That was all right with me. I’ve never been too proud to accept

help from whatever source.

After listening to the evidence, I ruled against the old chief.

Again, he sprang to his feet and began another long harangue.

Again, Afuola failed to interpret.

This time, I was more sophisticated. I figured he was praying

again.

“What’s he praying about this time?” I asked Taunu’u.

“He’s praying for God to punish you for making the wrong

decision.”

Shortly after that, I began to suffer from impaired vision. The

doctors claim it is something called macular degeneration, a rather

common ailment of the elderly. Some of the cells in the retina simply

die of old age.

I know better. I’m not superstitious, but deep down inside I know

my failing eyesight is the result of a Samoan curse.

* ROBERT GARDNER, a Corona del Mar resident, is a retired judge

and a longtime observer of life in Newport Beach.