Ilabae died on June 13 when she was hit by a vehicle being driven by the Samoan police officer.
Attorney General Gabriel Suri told parliament that immunity only applies to those on duty.
“Immunity under the Facilitation Act is available only for situations where an accident occurs while one performs official duties. If we start a process with a foreign government which is in the visiting contingent — if that foreign government set jurisdiction, Solomon islands of course will not be able, or a tribunal will not be able, to deal with that particular case,” Suri said.
The government has requested Samoa surrender jurisdiction in the case.
