SAYING that the government’s motion to dismiss without prejudice was made in bad faith because the alleged victim and the defendant have stated that their sexual intercourse was consensual, Superior Court Associate Judge Joseph N. Camacho dismissed with prejudice the sexual assault charge against Tim Onopey.
“With prejudice” means the case cannot be refiled.
In an 18-page order on April 28, 2023, Judge Camacho noted that on Nov. 29, 2022, the court set the matter for a change of plea hearing or trial setting hearing for Dec. 15, 2022.
“The Court did so in order to preserve the judicial integrity of the criminal justice process — to get a case resolved by plea or by speedy trial for all the right reasons. Though the Government admitted that if the case proceeded to trial it could not prove the charge because the victim has repeatedly stated that the sexual intercourse was consensual,” Judge Camacho said.
“The Government wishes to delay a final closure of the case for the sake of delay itself,” he added.
“The Government has failed to disclose appropriate grounds for dismissal without prejudice. The Government has not stated any reasonable grounds for the dismissal without prejudice except to continue with its mantra of good faith while admitting that it cannot prove its case.”
According to the judge, to preserve judicial integrity, the court disposes of all cases without unnecessary delay.
“The People of the CNMI would have no confidence in the independence of the judiciary if one branch can simply ask for dismissal without prejudice simply because it had prosecutorial power. Judicial integrity would be preserved both for the accused and the community [if the] Government [can] prove its case against those charged and if it cannot do so, absent any material and compelling reasons, then dismissal with prejudice is appropriate. This case is not about sanctioning the prosecution — it is about affirming the rule of due process and a person’s constitutional rights,” Judge Camacho said.
He previously sentenced Onopey’s co-defendant, Frankie Rettanlug, to eight years in prison after he pled guilty to sexual assault in the first degree.
Onopey, 25, and Rettanlug 28, were accused of raping a 17-year-old girl in a beach area. They were charged separately.
According to the prosecution, on May 29, 2022, at around 8:17 p.m., police officers responded to two reported sexual assault incidents at the Guma Sakman in Susupe, and arrested Rettanlug and Onopey.
The girl told law enforcement investigators that she had consensual intercourse with Onopey, but Rettanlug had sexual intercourse with her without her consent.
Onopey also stated that the sexual intercourse with the girl was consensual.
He is represented by attorney Robert T. Torres while Chief Prosecutor Chester Hinds appeared for the government.
