Former Department of Public Safety deputy commissioner Ambrosio T. Ogumoro has asked the CNMI Supreme Court to deny Superior Court Associate Judge David A. Wiseman\u2019s request to expedite the issuance of a decision regarding his (Ogumoro) petition.<\/p>\n
Ogumoro, through counsel Edward C. Arriola, moved the high court to deny Wiseman\u2019s request for an order to forego oral arguments in this case.<\/p>\n
Arriola asserted that Wiseman\u2019s amicus request is procedurally defective because the trial court is not a party to this case and lacks standing.<\/p>\n
Arriola said Wiseman has not sought a permission to request the Supreme Court to exercise its prerogative to issue an order without oral argument.<\/p>\n
The lawyer also pointed out that the standards for dispensing with oral arguments have not been met.<\/p>\n
Last month, Wiseman urged the Supreme Court to expedite the issuance of a decision regarding Ogumoro\u2019s petition to restrain him (Wiseman) from presiding over Ogumoro\u2019s pending criminal case.<\/p>\n
Wiseman said Ogumoro\u2019s petition has been pending in the Supreme Court for seven months now.<\/p>\n
Wiseman asked the high court to exercise its prerogative to issue an order without oral argument pursuant to CNMI Supreme Court Rules.<\/p>\n
Wiseman made such request in his amicus curiae participant\u2019s filing.<\/p>\n
An amicus curiae (\u201cfriend of the court\u201d) is an entity who is not a party to the case.<\/p>\n
Wiseman said a swift resolution to this matter is firmly within the public\u2019s strong interest in ensuring a speedy trial, especially when it involves the criminal prosecution of a public official.<\/p>\n
In Ogumoro\u2019s response to Wiseman\u2019s request, Arriola said the Supreme Court exercised its prerogative to hear oral argument when its clerk issued a notice of scheduled oral argument in this case.<\/p>\n
\u201cThis, it seems that the amicus\u2019 is requesting reconsideration of the panel\u2019s decision to have an oral argument.<\/p>\n
Citing a precedent case, Arriola said only an \u201cintervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest of injustice\u201d are sufficient grounds for reconsideration.<\/p>\n
Arriola said Wiseman has not sought reconsideration from any of the foregoing grounds.<\/p>\n
The Office of the Public Auditor charged Ogumoro with 15 criminal offenses for his role in, among other things, shielding then-attorney general Edward Buckingham from being served with penal summons in August 2012.<\/p>\n
On Nov. 13, 2014, Ogumoro and the government filed a joint motion to stay all Superior Court proceedings in Ogumoro\u2019s criminal felony prosecution until resolution of Ogumoro\u2019s petition for writ of mandamus\/prohibition.<\/p>\n
In November 2014, the Supreme Court granted the stay and set the oral argument for Sept. 3, 2015.<\/p>\n
Upon the high court\u2019s invitation, Wiseman filed an amicus brief on Nov. 28, 2014.<\/p>\n
Aside from Ogumoro, OPA also filed criminal charges against former governor Benigno R. Fitial, Fitial\u2019s former personal driver and bodyguard Jermaine Joseph W. Nekaifes, Buckingham, former Commonwealth Ports police chief Jordan L. Kosam, and former police captain John T. Rebuenog.<\/p>\n
Only the case against Ogumoro, Kosam, and Rebuenog are pending in court.<\/p>\n
Fitial pleaded guilty, while Buckingham was convicted during a bench trial. The case against Nekaifes was dismissed.<\/p>\n","protected":false},"excerpt":{"rendered":"
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