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Thursday, April 24, 2014

Security guard asks court for more time to depose witness
»Barcinas opposes emergency motion for deposition

Public School System principal Jonas Barcinas is opposing the emergency motion filed by a security guard for additional deposition in relation to the sexual harassment case lodged against the former some five years ago.

A deposition is an opportunity for the opposing attorney to ask any questions that are relevant to the case or likely to lead to the discovery of admissible evidence.

Homayan Kabir filed the sexual harassment case against Barcinas and PSS in November 2007. He alleged that Barcinas, at the time the principal of Dandan Elementary School, sexually harassed him by making repeated sexual advances on him.

In a four-page document filed in federal court, Kabir asked the court to authorize him to depose Akin Rasa, a former security guard who worked with Kabir at DES at the time. Rasa was earlier identified by Kabir as a person with discoverable information in the case.

However, the court was notified that Rasa is no longer on Saipan and had initially relocated to Guam then left the place afterward. Based on a court order, depositions should have been completed by the end of September 2012. After the deposition deadline, Kabir stated that he became aware that Rasa is now residing in Greenville, South Carolina.

According to Kabir, Rasa’s testimony is potentially of significant value to the resolution of this case, particularly since there are so few witnesses to any of the relevant events, other than Kabir and Barcinas themselves. Kabir wants to depose Rasa in South Carolina, for use in court proceedings, if necessary.

Barcinas asked the court to deny Kabir’s emergency motion for deposition because “there is no emergency” at all.

“This case was filed in Nov. 9, 2007. Five years have now passed since that date. Plaintiff was under a responsibility all of that time to move this case forward. Plaintiff has utterly failed to do so,” states Barcinas’ opposition to the motion.

According to Barcinas, through his lawyer, assistant attorney general David Lochabay, Kabir states no single fact concerning efforts to locate Rasa after his departure from Guam. Kabir, he added, did not show even minimal diligence in attempting to locate and depose Rasa, nor any showing of even excusable neglect.

Lochabay said the plaintiff is not even sure if Rasa has relevant information relating to the case.

“In short, the plaintiff moves this court to allow a deposition of a witness when plaintiff does not know if the witness has relevant info,” he stated.

According to Lochabay, if emergency motion for deposition is granted, this will result in additional expenditures of both parties—time and money—for a shot in the dark.

Lochabay said that Barcinas’ hearing strategy and tactics could be affected by the testimony of Rasa if the court will consider Kabir’s motion.

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