The dismissal of the case was based on the motion filed last week by former Assistant Attorney General Tony DeRuiz who admitted that the charges filed against Dugan was “defective on its face and should be dismissed.”
In Ngikalsong’s four-page decision and order penned on March 10, it stated that it is granting the Office of the Attorney General’s motion.
“In light of the agreement between the defendant and the government that the information was defective, the court need not interpret the two statutes upon which the government based its charge, nor determine whether there was a probable cause that Mr. Dugan alleged conduct fell within their reach,” the order stated.
Former AAG DeRuiz filed the motion for dismissal, March 5. Dugan was charged withone count of threatening to kill or attack an internationally protected person.
DeRuiz then resigned from his post March 8.
Earlier Chief Justice Ngiraklsong ordered a preliminary hearing on why the court should not dismissthe case filed by the government against Dugan, citing a lack of probable cause.
The hearing was supposed to be scheduled Monday but due to the motions filed, the hearing did not take place.
In the order, Ngiraklsong cited a lack in a statute covering a true threat of violence against the President of the Republic.
In the case filed against Dugan, the government cited a terrorism offense committed by the defendant.
“The government attempted to prosecute all alleged threat to the president’s life under statutory provisions within the terrorism chapter of the Palau Criminal Code. The parties initially disputed whether an information alleging such a threat required allegations of terrorist act or that otherwise involved terrorism,” the ruling said.
The ruling also stated that the government had another provision under which it could have charged Dugan which is threatening to commit an offense against another person is potentially a crime.
Under this provision the defendant may pay up to $100 fine and a jail term of six months.
The decision stated that from this provision, it could have permitted the judge to analyze whether there was a reason for Dugan to fear he would commit the act allegedly threatened.
The order said instead, the government did not choose to prosecute under this provision.
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