KOROR (Palau Horizon) – Special Prosecutor Michael Copeland has filed an opposition to Haruo Esang’s motion to disqualify him from prosecuting the criminal case filed against the businessman.
Copeland in his opposition affidavit filed in court on October 9 stated that it is clear from the language of the statute that the SP has the power to investigate and prosecute government officials and employees who violate the laws of Palau.
He further stated that it is arguably ambiguous whether and to what extent the SP can investigate and prosecute a private citizen who violates the laws.
“To resolve the present motion, it is not necessary for the court to decide the issue whether the SP may investigate and prosecute a private citizen who acts alone or in concert with other private citizens to violate the laws, rather the issue is whether, under the facts of this case, the SP may investigate and prosecute a private citizen whose illegal acts are inextricably intertwined with those of his government co-conspirators and co-defendants,” Copeland stated in his opposition.
Esang who was charged with three counts of bribery, three counts of conspiracy and three counts of aiding and abetting falsifying travel and or other identity documents in aid of people smuggling filed a motion on September 25 seeking for an order to disqualify Copeland from prosecuting him.
Esang stated in his motion that Copeland is not authorized to prosecute him because he is not an elected or appointed government official or a government or state employee.
“While it might expedient to for SP to prosecute Esang together with his co-defendants who are both government officials, expedience is not set forth as a factor to be considered in delineating the scope of the statutory jurisdiction of the SP and in the event that the SP cannot prosecute the case, the Attorney General will be able to move forward with the case so no miscarriage of justice would necessarily result from the grant of this motion,” Esang stated in his motion to disqualify Copeland.
Copeland in his opposition stated that “there is nothing in the statute that precludes the SP from investigating and prosecuting private citizens whose conduct in concert with government officials who violates Palau laws.”
Copeland added that while investigating alleged corruption at the Division of Labor and Immigration, investigators uncovered crimes involving the three defendants.
Copeland said “their investigation found out that a private citizen bribed government employees for his own economic gain.”
Lastly, Copeland said to “disqualify the SP from prosecuting one party to a multi-party crime would serve no rational purpose and would only result in increased judicial and prosecutorial time and inconvenience and Esang suffers no prejudice. The decision as to which government attorney should represent the Republic of Palau in a criminal proceeding should belong to the Republic of Palau and not to the defendant.”
Esang, Joseph Giramur and Russell Masayos, then Director of Bureau of Immigration and Chief of Division of Labor were all charged for people smuggling and for fixing the provisional visas of three Chinese nationals in exchange of money.
Copeland stated that Esang brought the three Chinese into Palau on tourist visas and illegally paid money to Masayos and Giramur to have the women’s visas changed to provisional visas and backdated it so that they could obtain work permits without having to leave the country and return.
