Presiding Judge Robert C. Naraja granted the motion filed by Assistant Attorney General Benjamin Petersburg.
The prosecution earlier charged Kabir with one count of sexual assault in the second degree, one count of attempted sexual assault in the first degree, and assault and battery in connection with a May 20, 2008 incident.
In moving for the case dismissal without prejudice, Petersburg said an important witness is in recovery from on open heart surgery in Hawaii, and is expected to return to Saipan next month.
Naraja vacated Kabir’s jury trial.
The commonwealth intends to re-file charges upon the witness’ return, Petersburg said.
Kabir’s counsel, Assistant Public Defender Richard Miller, did not object to the motion.
“There is no evidence that the government’s motion is contrary to the manifest public interest. The government’s motion is solely based on the absence of an important witness,” Petersburg told the court.
He said he is not asking the court to dismiss the case due to any personal dislike of the defendant or any convenience regarding the prosecutor’s schedule.
