In a letter to Senate President Mlib Tmetuchl, the president is introducing a piece of legislation which will remove the OSP and instead create a mechanism by which an independent prosecutor will be appointed officials of Palau.
“My bill would phase out the Office of the Special Prosecutor. However, so as to assuage the concerns and suspicions of various members of our political community, my bill would continue the existence of the Office of the Special Prosecutor and we simply cannot afford it any longer,” Toribiong stated in his letter.
Earlier a Senate joint resolution has been introduced asking the president to immediately appoint or expedite the appointment of a Special Prosecutor.
Sens. Surangel Whipps Jr. and Raynold Oilouch authored the resolution stating that there is an urgency to fill in the position because the office plays an important role in ensuring that high government officials perform their duties and responsibilities in full compliance with the law.
The president in earlier interviews said he is considering phasing out the Special Prosecutor Office in two years time and instead a temporary one will be appointed through a case by case basis.
The lawmakers however said this could be dangerous at it will undermine the independence and integrity of the office.
The office is left vacant for months now.
In Toribiong’s letter to Tmetuchl, he said that he has always been critical of the OSP.
He noted that the last few special prosecutors that have served the country “have had myriad of personal and professional problems. None of them have served for the entire term to which they were appointed.”
The president also justified discontinuing the office due to the feud between the former SP Michael Copeland and the members of the Attorney General’s Office.
He said the SP’s cases can be handled by the AGO and that the OSP cost too much money but produces too little.
“Palau is too small of the community to have a permanent office of the Special Prosecutor and we simply cannot afford it any longer,” Toribiong stated.
The president said that by June, 2013 an Independent Prosecutor will be appointed to investigate violations of criminal law by certain elected and appointed officials and that to avoid suspicions , the Trial Division of the Supreme Court will appoint the independent prosecutor.
In the president’s proposed Fiscal Year 2011 budget, he did not earmark any funds for the OSP operation the House of Delegates version of the bill however reinstated the funding and stated the need for the office.
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