At the trial setting conference last week, Kassi Berg, lawyer for Malsol sought a jury trial before Associate Justice Alexandra Foster.
Justice Foster said that the lawyers can file a brief on the request. The request will addressed by the court before the start of trial set on July 12.
Senate President Mlib Tmetuchl and President Johnson Toribiong’s brother Malsol are facing charges of money laundering for attempting to transfer $22.5 Billion to Palau.
The new law calls for a jury trial on offenses punishable by a sentence of 12 years.
The new constitutional provision became effective on January 1, 2010.
Assistant Attorney General Ronald Ledgerwood objected to the motion. Ledgerwood will no longer handle the money laundering case after the government no longer renewed his contract which ended Feb. 28.
It is unknown however who will take over the controversial case.
Malsol and Tmetuchl were charged with forgery, cheating, counterfeiting, conspiracy and money laundering for attempting to transfer $22.5 Billions of money to Palau.
The charges carry jail terms of over 12 years.
However the language of the jury trial statute states that crimes filed after Dec.1, 2009 can be tried by a jury.
The money laundering case against Malsol and Tmetuchl were filed in Nov. 2009.
Jury trial will be composed of six members and a unanimous verdict shall be required for the defendant to be found guilty.
The offenses covered by the measure are big crimes such as murder, drug offenses, rape and possession of firearms.
These are offenses which can mete a fine of 12 years imprisonment or more.
The measure also said that the defendant can waive his right to a trial by jury if he chooses to.
