I thought i would register here to post what i have found by reading all the way to the end of the internet
from what i found, this is an issue when scummvm is compiled directly on the raspberry pi from the Repo (again, im a newb, my wording might be wrong), so i found one that was manually compiled on a computer, i have attached it here, you can manually install this version on your PI and it should work (it works for me)
i can host this for now on my private server but if someone could host it somewhere public that would be appreciated :
game.libretro.scummvm-2.1.1.9.1.zip