In a 30-page judgment, Foster ruled that Ngiraingas made defamatory statements when he alleged that Nakamura received $3 million from Taiwan for switching diplomatic ties from China to Taiwan during his term as president of Palau.
The judgment stated that these allegations were made without any evidence and that despite Nakamura’s public official status Ngiraingas acted with actual malice in publishing the statements.
“To prove actual malice, plantiff must show that defendant knew the publication to be false or evidenced reckless disregard for the truth,” the judgment stated.
Nakamura in 2008, filed a 4-count civil complaint for defamation against then Peleliu Governor Ngiraingas. Nakamura charges that Ngiraingas made defamatory statements in two letters written and circulated in June by Ngiraingas in which allegations of money laundering and bribery.
Nakamura wrote a letter to Ngiraingas in response to his allegations that the Belau Transfer & Terminal Company (BTTCO), a company owned by Nakamura’s family was allegedly used for money laundering during Nakamura’s term as president.
Ngiraingas has asked BTTCO officers to provide him records and information about the company.
Ngiraingas said as a stockholder he is entitled to information.
Nakamura during the trial testified that the accusation “has brought shame upon himself and his family.”
His physical health also deteriorated and has been sleeping poorly and has regularly sought treatment in the Philippines for chest pains.
The court awarded general compensatory damages of $18,795 in travel expenses and $32,105.19 in medical expenses and punitive damages of $4, 890 and this amounts to $55,790.19.
Ngiraingas had until yesterday to pay the damages or interest will accrue at a rate of 9 percent.
Nakamura said Ngiraingas’ tirades are politically motivated and is aimed at ruining his good name.
Ngiraingas admitted in the trial that there is an ongoing feud between them.
This is the first defamation case filed by a former high-level official of the country.
