By Gina Tabonares
Variety News Staff

THE case filed by a boat captain against U.S. Attorney for the Districts of Guam and NMI Leonardo Rapadas for alleged human rights violations has been dismissed after the court allowed the complainant to return to Taiwan.
Wen Yueh Lu, the jailed captain of the Marshalls 201, sued Rapadas for alleged violation of his rights when his passport was confiscated and was not allowed to leave Guam after he was indicted for not allowing federal authorities to inspect the fishing vessel which was seized for illegal fishing last year.
In a recommendation made by U.S. Magistrate Judge Joaquin Manibusan Jr., the court permitted a plea, trial and sentencing to occur in Lu’s absence.
Because of the recommendation, Lu’s counsel, Mark Smith, moved to withdraw the habeas corpus petition filed against Rapadas, Guam Chief Marshal Joaquin and Chief Probation Officer Frank Michael Cruz.
The court also granted Smith’s oral motion to release Lu’s passport.
The captain of the Marshalls 201 was charged on Dec. 8, 2006 for failing to allow U.S. Coast Guard officials to board the vessel. The defendant was subsequently locked up in a Guam detention facility after his bail hearing on Dec. 13.
An admiralty warrant was issued out of the U.S. District Court of Guam on Oct. 4, 2006, commanding the marshal to seize and take into possession the purse seiner, including its catch of fish worth $350,000.
The vessel was transferred to the Port of Guam after it was spotted fishing illegally in the U.S. exclusive economic zone surrounding Howland and Baker Islands on Sept. 9, 2006.
It was released after its owner posted a bond of close to $3 million. The forfeiture case continued with all motions scheduled to be filed on or before March 2, 2007.
The discovery cutoff date is July 27, 2007, while expert discovery is due on Aug. 3, 2007.
The preliminary pretrial conference was set for Nov. 2, 2007 at 10:30 a.m., while the trial commences on Nov. 26, 2007.