Torres’ defense team petitions Finance chief to find Kingman’s contract invalid

The defense team of former governor Ralph DLG Torres has petitioned the acting Finance secretary Tracy Norita to invalidate the contract between special prosecutor James Kingman and the Office of the Attorney General, which had hired him to assist in prosecuting the case against Torres.

Torres’ defense team submitted last Tuesday the petition for Norita to find the Kingman contract invalid. Norita officially received the petition yesterday.

Torres’ team explained that they submitted this petition to the department because the CNMI Department of Finance is constitutionally required to control and regulate the expenditure of public funds.

It was the Finance Department that issued the check for a $50,000 retainer for Kingman.

“[DOF] is required to promulgate regulations, including accounting procedures, that require public officials to provide full and reasonable documentation that public funds are expended for public purposes,” said Torres’ defense team.

According to the petition, Torres is requesting a declaratory ruling on the validity of the special prosecutor’s contract as Torres is adversely aggrieved by the contract by denying him his constitutional and statutory rights to be prosecuted by a lawfully appointed or procured prosecutor.

Tracy Norita and James Kingman

“Mr. Torres contends that the special prosecutor contract with the [OAG] is void because it fails to comply with the Commonwealth procurement regulations. Specifically, the procurement regulations unequivocally mandates, without exception, that no contract shall be valid unless it complies with the procurement regulations,” states the petition.

Torres argues that Commonwealth law requires all government contracts be prepared by officials with the expenditure authority so that they can certify that the contract complies with procurement regulations, that the proposed contract is for public purpose, and that it does not abuse public funds.

“This basic procedure was not followed in connection with the special prosecutor contract,” said the petition.

Torres’ team states in its petition that AG Edward Manibusan signed the contract with the special prosecutor and therefore did not designate anyone to act as the expenditure authority in connection with the special prosecutor.

“The special prosecutor contract was not prepared by the attorney general as the document and its language clearly establishes the contract was prepared by the contractor. Next, there is no certification from the AG certifying the contract’s compliance with procurement regulations,” the petition stated.

In addition, the defense team argues that procurement regulations require the Finance secretary to approve the contract first and for the director of Procurement to sign off on it.

However, no documents have been produced showing that this requirement was complied with in regards to the special prosecutor’s contract, the petition adds.