KOROR (Palau Horizon) — The Supreme Court Trial Division found several government officials of Ngiwal State liable for misappropriation of funds.
In a summary judgment handed down by Associate Justice Kathleen Salii, Ngiwal Gov. Elmis Mesubed along with his co-defendants, state legislators Francisco Melaitau, Moses Sam, Inacio Sadang, Russel Masayos, Lazarus Inacio and Augusto Renguul were found liable for misappropriating $33,388.87 during the state government’s swearing-in ceremonies.
The civil suit was filed by the Office of Special Prosecutor, which alleged that the defendants violated a provision in the Constitution when they expended funds intended for capital improvement projects.
But OSP dismissed all claims against another defendant, Danny Ongelungel.
Court records showed that the legislators passed the bill that became Ngiwal State Public Law 9-1 to authorize and appropriate $30,000 from previously earmarked CIP funds in Sept. 2001 apparently to cover the expenses for the swearing-in ceremonies.
The defendants argued that the constitutional provision “does not apply to state governments but only to the national government.”
But the court rejected the defendants’ arguments, saying that “the restriction applies to all persons and prohibits the unauthorized obligation of public funds.”
Mesubed said they will appeal the ruling.
Earlier, OSP filed an amended complaint against former Ngiwal Gov. Krispin Termeteet for four counts of misappropriation of funds during his term.
