High Court Judge James Plasman recently rejected a motion by suspended Ministry of Finance worker Allister Mantiera to suppress his confession given to police last December. Plasman also rejected Mantiera’s motions to disqualify testimony by the lead police investigator and a defendant who is providing testimony for the government in hopes of a reduced sentence. This paves the way for Chief Prosecutor Tubosoye Brown to use Mantiera’s signed confession against him when the trial gets underway.
Since December, 11 people in government and the private sector have been charged for participating in a scheme to steal U.S. federal grants to the Ministry of Health. Police investigators say that more than $500,000 was stolen by a theft ring between 2007 and 2010.
Mantiera is charged in several separate fraud schemes, and is the first government worker to go on trial. He is accused of involvement in a scheme to steal money from the government that involved fraudulent invoices, purchase requisitions and purchase orders.
Mantiera, who is represented by assistant public defender Karotu Tiba, sought to eliminate a confession that he gave to two police detectives.
Plasman said evidence in the case showed that Marshall Islands police Detectives Parker Wilson and Randall McKay interviewed Mantiera on December 2. Mantiera was read his rights, and put his initials on a “Miranda Rights” form to signify that he did not want a lawyer present during questioning, he was willing to answer questions, and he understood his rights.
“Defendant then dictated his statement to Lt. Wilson in Marshallese, who wrote it down in English,” Plasman said. “Wilson gave it to the defendant to read and asked him if there were any questions or issues. Defendant had no questions or issues and signed the document.”
In a court hearing earlier this month, Mantiera said he did not understand his rights and claimed they were read to him in English and “too fast” to understand. Both detectives disputed his contention. “The court does not credit defendant’s assertions,” Plasman said.
Plasman ruled that the police detectives in their handling of Mantiera satisfied the Constitution’s requirement that a person to be advised of their right to remain silent. “There was no violation of defendant’s constitutional rights,” Plasman said.
Mantiera also tried to ban government witness Candi Leon from testifying because he said her agreement with the government is “coercive.” But Plasman said co-conspirator’s testimony is commonly used in criminal prosecutions.
Plasman said he failed to see how “an agreement between the government and a co-conspirator to testify against defendant may ‘coerce’ the defendant, other than it supplies evidence damaging to the defendant. In that sense, any evidence brought by the prosecution would be ‘coercive.’”
Several defendants in related cases are awaiting trial dates later this year, or for preliminary hearings to determine if there is adequate evidence to move to trial.
