Demapan seeks dismissal of illegal gambling charges

Former Senate President Juan S. Demapan, Chinese businessman Ping Yin Cheung and six others yesterday asked the Superior Court to dismiss the criminal case filed against them claiming that the CNMI does not have a lawfully appointed Attorney General to file and prosecute any charges against them.

In a motion filed through their lawyer Joseph Aldan Arriola, the eight who have been accused of committing illegal gambling by the AGO said the case filed against them must be dismissed on grounds that it violated the CNMI Constitution.

According to Mr. Arriola, the AGO could not bring any charges against these defendants because the CNMI Constitution requires than an Attorney General must be appointed by the governor with the advice and consent of the Senate.

Judge Pro Tem Joaquin V.E. Manibusan Jr. has earlier ordered Acting Attorney General Maya Kara to step down and relinquish her post because her continued stay in office is a violation of the CNMI Constitution. Ms. Kara was immediately replaced by the governor as he appointed Nicole Forelli as acting AG. (See related story on Page 1)

Judge Manibusan’s decision stemmed from a petition filed by Mr. Demapan and Mr Ping questioning the legality of Ms. Kara’s appointment.

In his decision, Judge Manibusan emphasized that the governor has no authority to appoint an acting AG. However, Mr. Tenorio may appoint a nominee to the position of the Attorney General who shall either be confirmed or rejected by the Senate within the allotted time period.

The former governor has appointed Ms. Kara to the position on July 2, 1998. However, the Senate rejected her appointment on Dec. 17, 1998.

The position is in effect legally vacant, therefore, the CNMI does not have a lawfully appointed Attorney General to prosecute violations of the Commonwealth law, Mr. Arriola said.

“In essence, what the CNMI has is a de facto Attorney General usurping the powers reserved for a lawfully appointed Attorney General,” he added.

Also named defendants in the criminal case were Qiling Dong, Xian Zhong Wu, Pierre Lam, Yiu Ting Chung, Shuguang Tang and De Fu Chen.

The eight accused were arrested in a raid conducted by the AGO in the lottery game business owned by business partners Mr. Demapan and Mr. Ping at their East Ocean lottery game establishment in Garapan.