In a eight-page Civil Action No. 10-066 , Asanuma said the defendants violated his basic human rights when he was not allowed to attend a committee hearing, nor examine the records last April 29, 2010 to look into certain information on NDBP and Pacific Savings Bank receivership.
Named defendants were NDBP president Kaleb Udui, lawyer William Ridpath, Sens. Mlib Tmetuchl, Kathy Kesolei , Regina Mesebeluu, Hokkons Baules, Mark Rudimch and Senate staff Johnson Saikemal and Ricky Mechol.
In that hearing NDBP president Udui was supposed to appear and testify.
In that supposed hearing, Senate President Tmetuchl and NDBP lawyer Ridpath signed a confidentiality agreement prior to the hearing to “ ban any person, the media, and the public from examining the records submitted to the Senate.
Asanuma said that he arrived at the OEK building shortly before 10 a.m. on April 29 with the intent to examine records of NDBP and PSB receivership and when he tried to enter the Senate chamber to attend and see the records, he was blocked by the Senate staff Mechol and Saikemal who told him that the hearing was closed to public.
He said he tried to open the doors to the Senate chamber but it was locked.
He was then informed by Sens. Surangel Whipps and Joel Toribiong that the hearing was closed pursuant to the Senate leadership’s order but told him that they did not concur to the agreement.
The other named defendants in the suit are the senators who attended and closed the hearing for scrutiny.
Asanuma said the defendants violated Section 12 , Article IV of the Constitution which stated that “ a citizen has the right to examine any government document and to observe the deliberations of any agency of government.”
“The confidentially agreement should be therefore be declared null and void for violation of Sec. 12, Article IV of the Constitution for lacking of approval of Defendant Senate and for being a product of illegal act and conflict of interests,” the complaint stated.
Asanuma also asked the court to issue an injunctive relief against the defendants to open its records and hearing on NDBP and PSB.
He is also seeking actual and exemplary damages in the amount of $10,000 and punitive damages in the amount of not less than $50,000 from each defendant.
THE Senate has postponed the oversight hearing in relation to the operation of the National Development Bank and the Pacific Savings Bank receivership when the two agencies cited the confidentiality of the matter due to the bank secrecy law.
Ealier a subpoena duces tecum was served to Udui to submit the supporting and pertinent documents regarding the agencies.
In the subpoena, the senators sought copies of the names of the persons, entities which have outstanding loans with the NDBP.
The subpoena also asked for the name of all employees and members of Board of Directors of NDBP and name of all non-Palauan citizens or corporations who have been given loans by the bank.
The senators also want to find out the interest rates being assessed on loans.
The subpoena also included documents on who appointed Udui as receiver, his compensation and benefits as NDBP president and expenses as receiver.
