Wiseman at the same time granted the AGO’s motion to dismiss without prejudice the charges of possession and trafficking of “ice,” and resisting arrest against Fu Zhu Lin, 39, also known as Noni.
“Although the court grants the motion to dismiss, it does so regrettably, in view of what it deems to be a systemic problem of a serious magnitude,” Wiseman said in his written order yesterday.
The prosecution filed a motion to dismiss the case “based on its inability to obtain the necessary investigative and other materials essential for the prosecution” of the defendant.
In its motion, the prosecution said “the problem lies with the Department of Public Safety in providing [the AGO] with the necessary and essential prosecutorial items of evidence.”
The detective handling the case has left the island for a new job, “and there is difficulty in obtaining his file or report on this case,” the court noted.
“It is a complete waste of government resources and expense to have suspect criminals arrested and placed in a judicial prosecutorial process only to have it all fall apart, as a result of an absence of rigid standards of coordination and cooperation to be adhered to with respect to the investigations of DPS and the criminal division of the Attorney General’s Office,” Wiseman said.
“Without such a standard in place such dismissals will repeat themselves and may very well compromise the rule of law that must be maintained in our society,” he added.
This dismissal, Wiseman pointed out, “is not the first to occur for similar reasons, [and] the court hopes to send a strong message to DPS and the Office of the Attorney General that a diligent pursuit should be made to remedy this situation for future practice.”
Assistant Attorney General Tiberius Mocanu represented the government during its last hearing last week.
Assistant Public Defender Richard Miller is serving as counsel for Fu Zhu Lin who has denied the charges.
CNMI Drug Enforcement Task Force and other members of the Criminal Investigation Bureau conducted a buy-bust operation on Fu Zhu Lin, a Tinian Dynasty Hotel and Casino employee, on Oct. 29, 2010.
Through a cooperating source, authorities bought $200 worth of “ice” from Lin who tried to escape on foot after the drug deal.
Police recovered from Lin’s house the marked money he used in the drug deal.
Fu Zhu Lin is out on bail after posting $3,000 cash, and a $27,000 unsecured or appearance bond.
