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Cases Against 16 Defendants In Failed Bank Case May Be In Doubt




Lawyers for 16 defendants in cases related to the 2006 failure of Pacific Savings Bank may be close to filing for dismissal of the cases against their clients. The defendants are facing charges related to the alleged illegal handling of pension and depositor funds at the failed local bank.

Pacific Magazine has learned that Independent Counsel Lewis Harley, who has lead the investigation into the bank’s sudden collapse, today told a scheduling conference before Palau Supreme Court Chief Justice Arthur Ngiraklsong that he may not be able to prosecute the cases. Harley’s contract has yet to be renewed by Palau President Tommy Remengesau, despite the president’s statement last week that he was satisfied with the independent counsel’s performance.

The first trial in the Pacific Savings Bank case is set for November, but a defendant has not been scheduled. The bank’s failure left hundreds of Palauans without access to their funds, as the bank’s deposits were not insured.

An attorney who attended today’s scheduling conference told Pacific Magazine that if Harley’s contract is not renewed, defense lawyers would likely file for dismissal of cases against their clients. The actions would be based on grounds that delays would prejudice their cases.

Chief Justice Ngiraklsong reportedly said during today’s scheduling conference that Harley’s status was a matter for the president, not Palau’s Supreme Court.

 

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