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By Nazario
Rodriguez Jr.
Horizon news staff
The Court is set to issue
its decision on the case that stalled the leadership in the Senate following
yesterdays oral argument regarding the case filed by Senators Yukiwo
Dengokl, Santy Asanuma and Surangel Whipps Sr. to nullify Sen. Joshua
Koshiba from acting as Senate President.
The oral argument was held at the sala of Associate Judge Lourdes Materne.
Before that, Koshiba has filed a motion to dismiss the case on several
grounds including the issue of separation of powers, speech and debate
on the floor, defendants are immunized for suit and additionally the passage
of the journal during last Sundays session called by acting Senate
President Mlin Tmetuchl.
Dengokl in a press briefing at his private office in Koror yesterday said
that the separation of powers could not be invoke because they have actually
suffered injury after the disagreement over the leadership issue.
Thus, he said, that theyre asking the court to interpret the Constitution
and this function is reserved for the court.
"This is not a political question because we are trying to ask the
court to interpret the Constitution," he said.
With regards to the "journal issue Dengokl contended that when
they unanimously passed it that does not mean that they have agreed to
ratify anything.
"We were just passing the journal that has happened but not to agree
of what has happened," he said.
It would be recalled that during the session on Sunday, Dengokl, Asanuma
and Whipps along with Alan Seid, Tmetuchl, Diaz and Koshiba unanimously
passed the journal for the 24th special session (from 2nd to 10th) and
day journal for the regular session (from 1st to 4th), which was deemed
to legitimize the 4-3 vote that installed Koshiba.
Meanwhile Dengokl denied claims that they were compelled to attend last
Sundays session.
He said they went on their own initiative.
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