Palau News: Chinese Hotel Illegal Fish Civil Suit; Nat'l Marine Sanctuary Bill; Drug Convictions
Complaint filed against Palau Vacation Hotel, 2 staff
WRITTEN BY JOSE RODRIGUEZ T. SENASE
MONDAY, 12 OCTOBER 2015 23:18
Republic seeking $1.7-M in damages
The Office of the Attorney General, on behalf of the Republic, has filed a civil complaint against Toward Enterprise Palau Co. (TEP) dba Palau Vacation Hotel (PVH) for violating the Marine Protection Act of 1994. The Complaint was filed at the Palau Supreme Court on October 9, 2015. Also named as defendants in the case were Chenwei Gou and Xin Wang, who are both Chinese nationals. Gou is a kitchen assistant at the PVH working under Wang. Wang is the PVH’s Food and Beverage Director,.
The Complaint states that six violations of the Marine Protection Act were committed by Defendants by purchasing, receiving, or possessing six locally caught Napoleon Wrasse. It says Defendants are jointly and severally liable to the Plaintiff for a civil penalty up to $200,000 for each violation. The Complaint also states that another 82 violations of the same Act were committed by Defendants by purchasing, receiving, or possessing 82 locally caught Humphead Parrotfish.
According to the Complaint, the Defendants are jointly and severally liable to the Plaintiff for a civil penalty up to $200,000 for each violation. The Republic is asking the Court to award it damages in the amount not less than $1,760,000. It also requests the Court to enjoin Defendants from further violations of the Marine Protection Act and award it any other relief it is lawfully authorized to do so. The PVH started operations last year.
In late 2014, the Hotel recognized a growing demand for various protected species of fish including Napoleon Wrasse and Hump Head Parrot Fish. The Food and Beverage manager for the hotel, Wang, sought out protected species of fish despite the fact that postseason of these species is illegal. Wang had photographs of Napoleon Wrasse and Hump Head Parrot Fish that he would show to local fishermen as examples of what he wanted to purchase fresh from local waters. The local fishermen were happy to oblige Wang as he paid a fair price in cash for the Napoleon Wrasse and Hump Head Parrot Fish. One of the fishermen warned Wang that the Napoleon Wrasse and Hump Head Parrot Fish requested by the Hotel were illegal, and his carelessness would result in problems for all involved. Wang was unfazed. By December of 2014, the Hotel was developing a reputation, among local fishermen and consumers, for illegally purchasing and selling the much desired Napoleon Wrasse and Hump Head Parrot Fish on its dinner menu. Eventually the Hotel’s offerings became known to authorities. On December 23, 2014, Conservation Officers visited the Hotel to discuss with management the exotic and illegal menu offerings of Napoleon Wrasse and Hump Head Parrot Fish. Wang was the Hotel’s contact person who purchased Napoleon Wrasse, Hump Head Parrot Fish and Hawksbill turtles from local fishermen, and he was present when ROP officials arrived on December 23, 2014. Gou, as kitchen assistant, helped prepare Napoleon Wrasse and Hump Head Parrot Fish to sell to hotel guests.
ROP officials were initially denied access to the kitchen. While they waited, several officers pointed out frenzy of furtive activity visible around the Hotel kitchen. Hotel kitchen staff was frantically attempting to hide food trays and food containers. They were carrying trays, and secreting them in areas other than stoves ovens, reach in freezers and refrigerators. Officers followed staff as they stashed the food trays in a variety of clandestine locations including inside the Hotel’s generator housing. Gou was also instrumental in helping Defendants hide their illegal activities by placing Napoleon Wrasse and Hump Head Parrot Fish in various hiding places around the hotel so that ROP officials would not find them. Unfortunately for Defendants in this matter, when wildlife officers finally entered the Hotel’s kitchen, they discovered the illegal Napoleon Wrasse , Hump Head Parrot fish in various states of preparation for service in meals placed everywhere in the kitchen except, where one would expect raw fish to be stored.
Investigation confirmed that Wang knowingly purchased the illegal marine life from local fishermen. Hotel staff where aware that the Napoleon Wrasse and Hump Head Parrot Fish were protected species and that their purchase was illegal and tortious. Hotel staff was acting within the course and scope of their employment when they knowingly purchased the illegal marine life, prepared it in the Defendants’ kitchen, and sold it to Defendants’ guests.
When local fishermen were later interviewed, they detailed how Defendant Wang regularly purchased up to dozens of Napoleon Wrasse and Hump Head Parrot fish at a time knowing that possession of the fish was illegal. Each of the witness fishermen who sold Napoleon Wrasse and Hump Head Parrot Fish to the Defendants will testify that each of the fish referenced in this complaint was caught in local waters in violation of Palau law. In early 2014, fishermen sold three Napoleon Wrasse and one Hump Head Parrot Fish to Wang.
Another fisherman recounted how he sold three Napoleon Wrasse and at least six locally caught Hump Head Parrot Fish to Wang at the Hotel in 2014. That fisherman and his friends later sold at least 75 locally caught Hump Head Parrot Fish to Wang at the hotel.
Wang would place his fish orders with this fisherman by showing pictures of Napoleon Wrasse and Hump Head Parrot Fish and specifically requested these fish. At least one fisherman clearly explained to Wang that these were illegal species to take, possess, or serve in a restaurant. Wang was unmoved and completed the purchase of the Napoleon Wrasse and Hump Head Parrot fish.
Assistant Attorney Generals Loretta Wofford and James Oliver are representing the Republic in the case.
Palau has placed a moratorium on the fishing of Bumphead Parrotfish and Napoleon Wrasse, both of whom are threatened by overfishing.
http://islandtimes.us/index.php?option=com_content&view=article&id=2105%3Acomplaint-filed-against-palau-vacation-hotel-2-staff&Itemid=1
------------------------------------------------------
Senate passes National Marine Sanctuary bill
WRITTEN BY JOSE RODRIGUEZ T. SENASE
THURSDAY, 15 OCTOBER 2015 16:55
Measure goes to HOD. The Palau Senate has finally passed the proposal to create the Palau National Marine Sanctuary (PNMS). All ten senators present during the Senate session yesterday voted to approve the measure in the third and final reading. Those who voted for the PNMS proposal, which is also known as Senate Bill No. 9-30, were Senate President Camsek Chin, and Senators Hokkons Baules, Surangel Whipps, Jr., Mason Whipps, Regis Akitaya, J. Uduch Sengebau-Senior, Rukebai Inabo, Raynold Oilouch, Phillip Reklai, and Mark Rudimch. Senators Mlib Tmetuchl and Joel Toribiong are reportedly off-island and were not present during the voting, while Senate Vice President Kathy Kesolei recently passed away.
A press release from the Office of the President said Pres. Remengesau was elated by the passage of the measure, which has been one of his priorities. "I commend our Senators for advancing this important piece of legislation and look forward to working with the House on swift passage," said President Thomas E. Remengesau, Jr. "The Palau National Marine Sanctuary is more than a conservation proposal, it is critical for our nation's food, economic, and national security,” he stated.
The Palau National Marine Sanctuary will transform the nation's waters into two distinct areas. After a five-year transition period, 80 percent of the country’s exclusive economic zone(EEZ) totaling 500,000 square kilometers (193,000 square miles) will become a fully protected marine reserve where all extractive activities will be prohibited. The remaining 20 percent will become a fishing zone for Palau’s domestic market with limited foreign fishing and exports.
"This is an important breakthrough," said Seth Horstmeyer, a director with The Pew Charitable Trusts’ Global Ocean Legacy project, which has provided technical assistance for the sanctuary proposal since 2014. "Upon full designation, the National Marine Sanctuary will benefit the people of Palau and the overall health of the ocean."
The measure was endorsed for passage by the Senate Committee on Resources and Development chaired by Senator Mason Whipps last year. But the measure was then re-assigned to Sen. Mlib Tmetuchl’s Committee on Maritime Environment and Protected Area (MEPA). The measure then stalled at the MEPA Committee, with Sen. Tmetuchl saying that more time was needed to review it. However, on Tuesday, October 13, 2015, upon motion of Sen. Baules, who was the author of the measure, the Whipps Committee Report endorsing the bill’s passage was recalled and voted out of the MEPA to the Senate floor for deliberation.
The approved bill includes provisions that will ensure that Palau will continue to receive revenues from the PNA’s Vessel Day Scheme. It will also phase out foreign commercial long line fishing over a five year period, and then will require any locally owned long line catch to be landed in Palau for the domestic and tourism market.
The proposed law now moves to the HOD, where a companion bill was introduced in August 2015 by a majority of its members. A member of the HOD said they will approve the Senate version with only minor changes. “It could be in the President’s desk for his signature by next week,” he stated.
The measure has strong local and international support. Supporters include 15 of 16 state governors, all 16 state legislatures, Palau Chamber of Commerce, Belau Boaters Association, Palau Sports Fishing Association, Northern Reef Fisheries Alliance, Ocean Elders (comprised of many prominent international figures like Queen Noor of Jordan, Prince Albert of Monaco, CNN founder Ted Turner and others), National Geographic, Greenpeace, Parties to the Nauru Agreement (PNA), and heads of states of neighboring countries like Republic of the Marshall Islands (RMI), Federated States of Micronesia (FSM), Nauru, Kiribati, and Tuvalu.
Those who oppose the initiative are concerned of Palau’s ability to recoup the estimated $5 to $8 million the country receives every year by way of taxes and commercial licensing fees paid by local and foreign fishing companies.
http://islandtimes.us/index.php?option=com_content&view=article&id=2129%3Asenate-passes-national-marine-sanctuary-bill&catid=8%3Alatest-news&Itemid=1
------------------------------------------------------
3 sentenced for drug offenses
WRITTEN BY JOSE RODRIGUEZ T. SENASE
MONDAY, 12 OCTOBER 2015 10:54
Three individuals, earlier charged for drug-related offenses, were sentenced after entering into plea agreement with government lawyers.
Supreme Court Associate Justice Ashby Pate, on October 5, 2015, sentenced Dwayne Ngirailild to serve seven years imprisonment, all suspended on the condition that he be placed on probation. During the term of his probation, Defendant shall serve 180 days in the Koror Jail, and shall report to the Koror Jail at 6:00 PM on October 5, 2015. Defendant shall be allowed work release from 6:00 AM to 6:00 PM, Monday through Friday, to continue his employment at Surangel. It was also ordered that after his release, Defendant shall be placed on supervised probation; shall pay a $750 fine; and immediately upon release from the Koror Jail, enroll in a drug counseling program at the Community Guidance Center and undergo regular drug testing at least four times per year for a period of three years, at his own expense. Under the Agreement, the Defendant pled guilty to a lesser included offense of Count One, that of Possession of a Controlled Substance. The remaining counts against him were dismissed with prejudice.
Ngirailild was arrested by the police last August 2014 after two controlled buys. Three tubes of Methamphetamine and marked (pre-recorded) money were seized from the Defendant. He was charged with two counts of Trafficking a Controlled Substance which is punishable by imprisonment of not less than 25 years but not more than 50 years and a fine of not less than $50,000 but not more than $1,000,000.
On the same date, Justice Pate also sentenced one Melvin Toribiong to serve one year imprisonment, all but three months suspended, and shall be placed on probation for the remainder of his sentence. It was also ordered that Toribiong shall report to the Koror Jail at 6:00 PM on Oct. 5, 2015, and will be granted work release everyday from 6:00 AM to 6:00 PM based upon his submission of proof of employment; Upon release shall enroll in a drug counseling program at the Community Guidance Center and undergo regular drug testing at least four times per year for a period of three years, at his own expense.
The Sentencing Order further states that during the term of his probation, Defendant shall be required to fulfill the following conditions: 1) Defendant shall cooperate with the Republic in investigating the delivery of the envelope containing methamphetamine forming the basis of this case and testify as needed in the prosecution of this incident; 2) After his release be placed on supervised probation; 3) Defendant shall pay a $500 fine; and 4) Shall comply and fulfill with all terms of probation. Toribiong earlier plead guilty to Count One, that of Possession of a Controlled Substance. The other counts against him were dismissed with prejudice.
Earlier, on Sept. 22, 2015, Justice Pate sentenced one Darwin Florencio after he pled guilty to two counts of Possession of a Controlled Substance. Florencio was sentenced to one year imprisonment for each count, to be served consecutively, for a total of two years imprisonment. It was also ordered that Defendant shall serve the first six months in the Koror Jail and be on supervised probation for the remaining 18 months; shall report to the Koror Jail at 6:00 PM on Sept. 22, 2015; during the term of Defendant’s imprisonment, he shall be granted work release from 6:00 AM to 6:00 PM on days in which he is required to work at ARA Tour Company, which according to defense counsel, is seven days a week. Florencio is subject to the following conditions of Probation: 1) Defendant shall pay a $500 fine for each count, for a total of $1,000, to be paid on a schedule as determined by the Probation Office and later approved by the Court; 2) Defendant agrees and stipulates that the substance he is charged with possessing in the Information does contain Methamphetamine, and the field test of said substance is correct; 3) ; Upon release shall enroll in a drug counseling program at the Community Guidance Center and undergo regular drug testing at least four times per year for a period of three years, at his own expense; and 4) Shall comply with all mandatory terms of probation.
Florencio was earlier charged with three counts for Possession of a Controlled Substance. The filing of the charges stemmed from controlled buys conducted by the police on three occasions- June 11, 2015, June 12, 2015, and July 1, 2015. In each of the three instances, Florencio was recorded to be in possession of Methamphetamine. He was arrested by the police after the controlled buy on July 1, 2015.
Attorney General John Bradley stated that these cases are the result of renewed effort by the Drug Task Force, established by the President in an executive order. According to him, Senior Assistant Attorney General James Evan Robbins is in charge of the Task Force and is focusing new efforts on identifying drug dealers and preventing the smuggling and distribution of illegal drugs in Palau.
http://islandtimes.us/index.php?option=com_content&view=article&id=2087%3A3-sentenced-for-drug-offenses&Itemid=1
WRITTEN BY JOSE RODRIGUEZ T. SENASE
MONDAY, 12 OCTOBER 2015 23:18
Republic seeking $1.7-M in damages
The Office of the Attorney General, on behalf of the Republic, has filed a civil complaint against Toward Enterprise Palau Co. (TEP) dba Palau Vacation Hotel (PVH) for violating the Marine Protection Act of 1994. The Complaint was filed at the Palau Supreme Court on October 9, 2015. Also named as defendants in the case were Chenwei Gou and Xin Wang, who are both Chinese nationals. Gou is a kitchen assistant at the PVH working under Wang. Wang is the PVH’s Food and Beverage Director,.
The Complaint states that six violations of the Marine Protection Act were committed by Defendants by purchasing, receiving, or possessing six locally caught Napoleon Wrasse. It says Defendants are jointly and severally liable to the Plaintiff for a civil penalty up to $200,000 for each violation. The Complaint also states that another 82 violations of the same Act were committed by Defendants by purchasing, receiving, or possessing 82 locally caught Humphead Parrotfish.
According to the Complaint, the Defendants are jointly and severally liable to the Plaintiff for a civil penalty up to $200,000 for each violation. The Republic is asking the Court to award it damages in the amount not less than $1,760,000. It also requests the Court to enjoin Defendants from further violations of the Marine Protection Act and award it any other relief it is lawfully authorized to do so. The PVH started operations last year.
In late 2014, the Hotel recognized a growing demand for various protected species of fish including Napoleon Wrasse and Hump Head Parrot Fish. The Food and Beverage manager for the hotel, Wang, sought out protected species of fish despite the fact that postseason of these species is illegal. Wang had photographs of Napoleon Wrasse and Hump Head Parrot Fish that he would show to local fishermen as examples of what he wanted to purchase fresh from local waters. The local fishermen were happy to oblige Wang as he paid a fair price in cash for the Napoleon Wrasse and Hump Head Parrot Fish. One of the fishermen warned Wang that the Napoleon Wrasse and Hump Head Parrot Fish requested by the Hotel were illegal, and his carelessness would result in problems for all involved. Wang was unfazed. By December of 2014, the Hotel was developing a reputation, among local fishermen and consumers, for illegally purchasing and selling the much desired Napoleon Wrasse and Hump Head Parrot Fish on its dinner menu. Eventually the Hotel’s offerings became known to authorities. On December 23, 2014, Conservation Officers visited the Hotel to discuss with management the exotic and illegal menu offerings of Napoleon Wrasse and Hump Head Parrot Fish. Wang was the Hotel’s contact person who purchased Napoleon Wrasse, Hump Head Parrot Fish and Hawksbill turtles from local fishermen, and he was present when ROP officials arrived on December 23, 2014. Gou, as kitchen assistant, helped prepare Napoleon Wrasse and Hump Head Parrot Fish to sell to hotel guests.
ROP officials were initially denied access to the kitchen. While they waited, several officers pointed out frenzy of furtive activity visible around the Hotel kitchen. Hotel kitchen staff was frantically attempting to hide food trays and food containers. They were carrying trays, and secreting them in areas other than stoves ovens, reach in freezers and refrigerators. Officers followed staff as they stashed the food trays in a variety of clandestine locations including inside the Hotel’s generator housing. Gou was also instrumental in helping Defendants hide their illegal activities by placing Napoleon Wrasse and Hump Head Parrot Fish in various hiding places around the hotel so that ROP officials would not find them. Unfortunately for Defendants in this matter, when wildlife officers finally entered the Hotel’s kitchen, they discovered the illegal Napoleon Wrasse , Hump Head Parrot fish in various states of preparation for service in meals placed everywhere in the kitchen except, where one would expect raw fish to be stored.
Investigation confirmed that Wang knowingly purchased the illegal marine life from local fishermen. Hotel staff where aware that the Napoleon Wrasse and Hump Head Parrot Fish were protected species and that their purchase was illegal and tortious. Hotel staff was acting within the course and scope of their employment when they knowingly purchased the illegal marine life, prepared it in the Defendants’ kitchen, and sold it to Defendants’ guests.
When local fishermen were later interviewed, they detailed how Defendant Wang regularly purchased up to dozens of Napoleon Wrasse and Hump Head Parrot fish at a time knowing that possession of the fish was illegal. Each of the witness fishermen who sold Napoleon Wrasse and Hump Head Parrot Fish to the Defendants will testify that each of the fish referenced in this complaint was caught in local waters in violation of Palau law. In early 2014, fishermen sold three Napoleon Wrasse and one Hump Head Parrot Fish to Wang.
Another fisherman recounted how he sold three Napoleon Wrasse and at least six locally caught Hump Head Parrot Fish to Wang at the Hotel in 2014. That fisherman and his friends later sold at least 75 locally caught Hump Head Parrot Fish to Wang at the hotel.
Wang would place his fish orders with this fisherman by showing pictures of Napoleon Wrasse and Hump Head Parrot Fish and specifically requested these fish. At least one fisherman clearly explained to Wang that these were illegal species to take, possess, or serve in a restaurant. Wang was unmoved and completed the purchase of the Napoleon Wrasse and Hump Head Parrot fish.
Assistant Attorney Generals Loretta Wofford and James Oliver are representing the Republic in the case.
Palau has placed a moratorium on the fishing of Bumphead Parrotfish and Napoleon Wrasse, both of whom are threatened by overfishing.
http://islandtimes.us/index.php?option=com_content&view=article&id=2105%3Acomplaint-filed-against-palau-vacation-hotel-2-staff&Itemid=1
------------------------------------------------------
Senate passes National Marine Sanctuary bill
WRITTEN BY JOSE RODRIGUEZ T. SENASE
THURSDAY, 15 OCTOBER 2015 16:55
Measure goes to HOD. The Palau Senate has finally passed the proposal to create the Palau National Marine Sanctuary (PNMS). All ten senators present during the Senate session yesterday voted to approve the measure in the third and final reading. Those who voted for the PNMS proposal, which is also known as Senate Bill No. 9-30, were Senate President Camsek Chin, and Senators Hokkons Baules, Surangel Whipps, Jr., Mason Whipps, Regis Akitaya, J. Uduch Sengebau-Senior, Rukebai Inabo, Raynold Oilouch, Phillip Reklai, and Mark Rudimch. Senators Mlib Tmetuchl and Joel Toribiong are reportedly off-island and were not present during the voting, while Senate Vice President Kathy Kesolei recently passed away.
A press release from the Office of the President said Pres. Remengesau was elated by the passage of the measure, which has been one of his priorities. "I commend our Senators for advancing this important piece of legislation and look forward to working with the House on swift passage," said President Thomas E. Remengesau, Jr. "The Palau National Marine Sanctuary is more than a conservation proposal, it is critical for our nation's food, economic, and national security,” he stated.
The Palau National Marine Sanctuary will transform the nation's waters into two distinct areas. After a five-year transition period, 80 percent of the country’s exclusive economic zone(EEZ) totaling 500,000 square kilometers (193,000 square miles) will become a fully protected marine reserve where all extractive activities will be prohibited. The remaining 20 percent will become a fishing zone for Palau’s domestic market with limited foreign fishing and exports.
"This is an important breakthrough," said Seth Horstmeyer, a director with The Pew Charitable Trusts’ Global Ocean Legacy project, which has provided technical assistance for the sanctuary proposal since 2014. "Upon full designation, the National Marine Sanctuary will benefit the people of Palau and the overall health of the ocean."
The measure was endorsed for passage by the Senate Committee on Resources and Development chaired by Senator Mason Whipps last year. But the measure was then re-assigned to Sen. Mlib Tmetuchl’s Committee on Maritime Environment and Protected Area (MEPA). The measure then stalled at the MEPA Committee, with Sen. Tmetuchl saying that more time was needed to review it. However, on Tuesday, October 13, 2015, upon motion of Sen. Baules, who was the author of the measure, the Whipps Committee Report endorsing the bill’s passage was recalled and voted out of the MEPA to the Senate floor for deliberation.
The approved bill includes provisions that will ensure that Palau will continue to receive revenues from the PNA’s Vessel Day Scheme. It will also phase out foreign commercial long line fishing over a five year period, and then will require any locally owned long line catch to be landed in Palau for the domestic and tourism market.
The proposed law now moves to the HOD, where a companion bill was introduced in August 2015 by a majority of its members. A member of the HOD said they will approve the Senate version with only minor changes. “It could be in the President’s desk for his signature by next week,” he stated.
The measure has strong local and international support. Supporters include 15 of 16 state governors, all 16 state legislatures, Palau Chamber of Commerce, Belau Boaters Association, Palau Sports Fishing Association, Northern Reef Fisheries Alliance, Ocean Elders (comprised of many prominent international figures like Queen Noor of Jordan, Prince Albert of Monaco, CNN founder Ted Turner and others), National Geographic, Greenpeace, Parties to the Nauru Agreement (PNA), and heads of states of neighboring countries like Republic of the Marshall Islands (RMI), Federated States of Micronesia (FSM), Nauru, Kiribati, and Tuvalu.
Those who oppose the initiative are concerned of Palau’s ability to recoup the estimated $5 to $8 million the country receives every year by way of taxes and commercial licensing fees paid by local and foreign fishing companies.
http://islandtimes.us/index.php?option=com_content&view=article&id=2129%3Asenate-passes-national-marine-sanctuary-bill&catid=8%3Alatest-news&Itemid=1
------------------------------------------------------
3 sentenced for drug offenses
WRITTEN BY JOSE RODRIGUEZ T. SENASE
MONDAY, 12 OCTOBER 2015 10:54
Three individuals, earlier charged for drug-related offenses, were sentenced after entering into plea agreement with government lawyers.
Supreme Court Associate Justice Ashby Pate, on October 5, 2015, sentenced Dwayne Ngirailild to serve seven years imprisonment, all suspended on the condition that he be placed on probation. During the term of his probation, Defendant shall serve 180 days in the Koror Jail, and shall report to the Koror Jail at 6:00 PM on October 5, 2015. Defendant shall be allowed work release from 6:00 AM to 6:00 PM, Monday through Friday, to continue his employment at Surangel. It was also ordered that after his release, Defendant shall be placed on supervised probation; shall pay a $750 fine; and immediately upon release from the Koror Jail, enroll in a drug counseling program at the Community Guidance Center and undergo regular drug testing at least four times per year for a period of three years, at his own expense. Under the Agreement, the Defendant pled guilty to a lesser included offense of Count One, that of Possession of a Controlled Substance. The remaining counts against him were dismissed with prejudice.
Ngirailild was arrested by the police last August 2014 after two controlled buys. Three tubes of Methamphetamine and marked (pre-recorded) money were seized from the Defendant. He was charged with two counts of Trafficking a Controlled Substance which is punishable by imprisonment of not less than 25 years but not more than 50 years and a fine of not less than $50,000 but not more than $1,000,000.
On the same date, Justice Pate also sentenced one Melvin Toribiong to serve one year imprisonment, all but three months suspended, and shall be placed on probation for the remainder of his sentence. It was also ordered that Toribiong shall report to the Koror Jail at 6:00 PM on Oct. 5, 2015, and will be granted work release everyday from 6:00 AM to 6:00 PM based upon his submission of proof of employment; Upon release shall enroll in a drug counseling program at the Community Guidance Center and undergo regular drug testing at least four times per year for a period of three years, at his own expense.
The Sentencing Order further states that during the term of his probation, Defendant shall be required to fulfill the following conditions: 1) Defendant shall cooperate with the Republic in investigating the delivery of the envelope containing methamphetamine forming the basis of this case and testify as needed in the prosecution of this incident; 2) After his release be placed on supervised probation; 3) Defendant shall pay a $500 fine; and 4) Shall comply and fulfill with all terms of probation. Toribiong earlier plead guilty to Count One, that of Possession of a Controlled Substance. The other counts against him were dismissed with prejudice.
Earlier, on Sept. 22, 2015, Justice Pate sentenced one Darwin Florencio after he pled guilty to two counts of Possession of a Controlled Substance. Florencio was sentenced to one year imprisonment for each count, to be served consecutively, for a total of two years imprisonment. It was also ordered that Defendant shall serve the first six months in the Koror Jail and be on supervised probation for the remaining 18 months; shall report to the Koror Jail at 6:00 PM on Sept. 22, 2015; during the term of Defendant’s imprisonment, he shall be granted work release from 6:00 AM to 6:00 PM on days in which he is required to work at ARA Tour Company, which according to defense counsel, is seven days a week. Florencio is subject to the following conditions of Probation: 1) Defendant shall pay a $500 fine for each count, for a total of $1,000, to be paid on a schedule as determined by the Probation Office and later approved by the Court; 2) Defendant agrees and stipulates that the substance he is charged with possessing in the Information does contain Methamphetamine, and the field test of said substance is correct; 3) ; Upon release shall enroll in a drug counseling program at the Community Guidance Center and undergo regular drug testing at least four times per year for a period of three years, at his own expense; and 4) Shall comply with all mandatory terms of probation.
Florencio was earlier charged with three counts for Possession of a Controlled Substance. The filing of the charges stemmed from controlled buys conducted by the police on three occasions- June 11, 2015, June 12, 2015, and July 1, 2015. In each of the three instances, Florencio was recorded to be in possession of Methamphetamine. He was arrested by the police after the controlled buy on July 1, 2015.
Attorney General John Bradley stated that these cases are the result of renewed effort by the Drug Task Force, established by the President in an executive order. According to him, Senior Assistant Attorney General James Evan Robbins is in charge of the Task Force and is focusing new efforts on identifying drug dealers and preventing the smuggling and distribution of illegal drugs in Palau.
http://islandtimes.us/index.php?option=com_content&view=article&id=2087%3A3-sentenced-for-drug-offenses&Itemid=1