By Giff Johnson
For Variety

MAJURO — In the wake of two confessions being tossed out of court because police did not follow procedures, the Marshall Islands High Court’s Chief Justice admonished Majuro police to take corrective measures to ensure that confessions are not lost by improper handling.
The loss of a confession from a 17-year-old that she had murdered her baby last August helped the teen’s defense lawyer get a “not guilty” verdict in a first degree murder trial last month in Majuro.
High Court Chief Justice Carl Ingram used a ruling Friday against former police captain Heine Motodrik, who was sentenced to one month in jail for a misdemeanor sexual assault against a prisoner, to give pointers to the police. Ingram suppressed two confessions in recent weeks “because the police failed to properly advise or afford defendants of their rights to remain silent and to counsel during interrogation.”
The second confession tossed out was in Motodrik’s case.
Ingram warned that he will continue to suppress confessions that are improperly taken by the police.
The police have a “rights and waiver” form to read to suspects and to have them sign, he said. “The police should use and follow it,” he said.
In some countries the police use a “rights and waiver” form that is printed in triplicate, with one copy being given to the suspect, one copy for the prosecutor and one for the police. The police should be able to organize such a form without difficulty, Ingram said, adding that if the printing company in Majuro “can print traffic ticket forms, they should be able to print the rights and waiver forms.”
The chief justice went a step further, urging the police to get equipment to bring them into the 21st century.
“In some jurisdictions the police video tape interrogations so that there is independent evidence that the police properly read the suspects their rights to remain silent and to counsel and that the suspects knowingly and voluntarily waived their rights,” he said.
He said the Ministry of Justice has a special fund with money that can be used to buy a video camera.
Use of a video camera for interrogations could reduce the number of confessions that get tossed out by the court, he added.
Ingram quoted an Australian High Court judge: “It is obviously highly desirable in the interests of the administration of justice that the best means of recording confessions be provided to the police at the earliest opportunity.”
“This,” said Ingram, “is good advice.”