Palau Legal & Gov't News: Anguar v Palau & US Gov'ts; Ngarametal Control of $2.4 Million
Angaur State removes US government from TACMOR lawsuit, ROP asks court to sanction Angaur Governor and Attorney
by Island Times
November 7, 2023
Angaur State has dismissed the United States Government from the lawsuit it filed in July 2023, alleging violations of environmental laws and the Compact of Free Association over the preparation for construction of the TACMOR project in Angaur.
The dismissal came about after a meeting between Governor Salii of Angaur State, the US Ambassador Joel Ehrendreich to Palau, and US Rear Admiral Gregory Huffman. Attorney Nicholas for Angaur State said that the meeting was “very good” and that “certain understandings/agreements were reached aimed at the US helping our Governor to better the lives of our people in the long run.”
Attorney Nicholas did not share specifics of the agreements or understandings reached but assured that, as a result, the “future looks promising for our people.”
Meanwhile, the Palau government filed a motion on November 3, 2023, asking the court to sanction Governor Steven Salii in his capacity as Governor of Angaur State and his attorney, Brien Sers Nicholas, for “violation of ROP R. Civ. P. 1(b)(3),” where the Plaintiff’s Complaint alleges facts in direct contradiction to the Exhibits attached to the Complaint.”
The government claims that Angaur State knowingly made statements that contradicted documents or exhibits attached to their complaint. It further asserted that Angaur State’s complaint failed “to allege a cause of action and merely alleges requests for remedies.”
The government motion asks the court to dismiss the Angaur government complaint and order them to pay the Republic of Palau and the Environmental Quality Protection Board attorneys’ fees and the cost of preparing and litigating the case.
The attorney for the Angaur State Government countered ROP’s motion for dismissal, filed a motion for summary judgment, and requested a hearing based on ROP R. CIV. P. 7(c)(10)1.
https://islandtimes.org/angaur-state-removes-us-government-from-tacmor-lawsuit-rop-asks-court-to-sanction-angaur-governor-and-attorney/
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Court rejects request to handover $2.4 million Ngarametal funds to Roman Yano
by Leilani Reklai
November 7, 2023
Palau Trial Court rejected Roman Yano’s request to turn over the $2.4 million Ngarametal monies to him as the rightful leader of the Ngarametal in an order issued this November 3, 2023.
The attorney for Roman Yano sent a letter with supporting documents, signed by three of the four Ngarametal senior members, to Justice Salii on October 27, 2023, asking her to release the funds held in the Clerk of Court’s escrow account for the Ngarametal Association, to Roman Yano, whom the letter asserts, is the rightful leader of the Ngarametal Association.
The letter sent by the attorney for Roman Yano attached documents that confirm Roman Yano as the leader of Ngarametal. The documents include a confirmation document signed by Ngarametal members on August 9, 2021, confirming Roman Yano as President of the Ngarametal Association. Also included are copies of legal documents and letters executed by Roman Yano as President of the Ngarametal Association, including the lawsuit filed by the national government against Roman Yano in his capacity as the President of Ngarametal.
The Trial Court, in its order, said that it did not find the letter from Roman Yano with its attachments “persuasive.” It said that the letter had three signatures out of the four in support of Roman Yano’s position. In October, an attorney for Mlib Tmetuchl had submitted that Mlib Tmetuchl was the rightful head of Ngarametal and that the Ngarametal funds should be turned over to him. The court denied the request and ordered attorney James Kennedy to turn over the funds to the court for safekeeping.
The court asserts that there is an ongoing dispute over the leadership of Ngarametal and for the court to turn over funds, a letter of support signed by Mlib Temetuchl, Alex Mereb, Roman Yano, and Hussein Derbai is required for the funds to be turned over.
“The individual chosen to receive the funds need not be the President of the Association. The only requirement is that the recipient of the funds is approved by all the abovenamed individuals. Preferably, all signatures will be part of the same affidavit to prevent any miscommunication.” states the court order.
https://islandtimes.org/court-rejects-request-to-handover-2-4-million-ngarametal-funds-to-roman-yano/
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Kennedy turned in $2.4 million plus interest to court “Said didn’t refuse the order”
by Leilani Reklai
October 24, 2023
The attorney for the Ngarametal Association, James Kennedy, said he has turned in to the Clerk of Courts the 2.4 million dollars in compliance with a Court order issued on May 8, 2023. The court has ordered Mr. Kennedy to transfer the funds received from Civil Action 16-052 to the Clerk of Courts for safekeeping until the rightful leadership of the Ngarametal Association is determined.
On October 16, 2023, the court issued an order holding Mr. Kennedy in contempt of court for not complying with its order and ordered him to pay $1,000 per week to the court two days after the order date until the order was satisfied.
Kennedy said he complied with the order before the two-day deadline, providing all the funds plus interest, and did not have to pay any fines. The funds, said Kennedy, were deposited into the client trust account he created after he won the judgment for Ngarametal Association against Island Paradise Resort under the Civil Action 16-052. He has not touched the money since it was first deposited and has bank statements to prove it.
In response to why he did not comply with the court order on a timely basis, Kennedy said that the issue was complicated, involving cultural matters, which the Ngarametal case is about.
He disagreed with Judge Salii’s order. “This is an order that I think is incorrect, issued by a good judge. I think Judge Salii is a good judge. I disagree with the propriety of this order because the court should not force the traditional dispute into court.”
Explaining his point, Kennedy said that no one from either side of the Ngarametal leadership dispute had filed their dispute in the court. The court dismissed the case Mlib Tmetuchl brought, demanding Kennedy turn over the funds to him. “Although there is a dispute, it’s not pending in the court because this action has been dismissed.”
James Kennedy was retained as attorney for the Ngarametal Association, he said, around 2018. At the time, the Ngarametal Association had been going to court with Island Paradise Resort for seven years over the issue of compensation for the burning down of Bairametal. Kennedy said that after taking over the case, he got a court judgment against Paradise Island Resort, resulting in the payment of 2.4 million to the Ngarametal Association.
The passing of Ibedul Yutaka Gibbon and Ngirioulidid Johnny Gibbons led to a dispute over the rightful leaders of Ngarametal. The proceeds from the court case have been with the Ngarametal Association’s attorney until the recent order from the court demanding attorney Kennedy to turn in the money to the Clerk of Courts pending the resolution of the dispute.
https://islandtimes.org/kennedy-turned-in-2-4-million-plus-interest-to-court-said-didnt-refuse-the-order/
by Island Times
November 7, 2023
Angaur State has dismissed the United States Government from the lawsuit it filed in July 2023, alleging violations of environmental laws and the Compact of Free Association over the preparation for construction of the TACMOR project in Angaur.
The dismissal came about after a meeting between Governor Salii of Angaur State, the US Ambassador Joel Ehrendreich to Palau, and US Rear Admiral Gregory Huffman. Attorney Nicholas for Angaur State said that the meeting was “very good” and that “certain understandings/agreements were reached aimed at the US helping our Governor to better the lives of our people in the long run.”
Attorney Nicholas did not share specifics of the agreements or understandings reached but assured that, as a result, the “future looks promising for our people.”
Meanwhile, the Palau government filed a motion on November 3, 2023, asking the court to sanction Governor Steven Salii in his capacity as Governor of Angaur State and his attorney, Brien Sers Nicholas, for “violation of ROP R. Civ. P. 1(b)(3),” where the Plaintiff’s Complaint alleges facts in direct contradiction to the Exhibits attached to the Complaint.”
The government claims that Angaur State knowingly made statements that contradicted documents or exhibits attached to their complaint. It further asserted that Angaur State’s complaint failed “to allege a cause of action and merely alleges requests for remedies.”
The government motion asks the court to dismiss the Angaur government complaint and order them to pay the Republic of Palau and the Environmental Quality Protection Board attorneys’ fees and the cost of preparing and litigating the case.
The attorney for the Angaur State Government countered ROP’s motion for dismissal, filed a motion for summary judgment, and requested a hearing based on ROP R. CIV. P. 7(c)(10)1.
https://islandtimes.org/angaur-state-removes-us-government-from-tacmor-lawsuit-rop-asks-court-to-sanction-angaur-governor-and-attorney/
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Court rejects request to handover $2.4 million Ngarametal funds to Roman Yano
by Leilani Reklai
November 7, 2023
Palau Trial Court rejected Roman Yano’s request to turn over the $2.4 million Ngarametal monies to him as the rightful leader of the Ngarametal in an order issued this November 3, 2023.
The attorney for Roman Yano sent a letter with supporting documents, signed by three of the four Ngarametal senior members, to Justice Salii on October 27, 2023, asking her to release the funds held in the Clerk of Court’s escrow account for the Ngarametal Association, to Roman Yano, whom the letter asserts, is the rightful leader of the Ngarametal Association.
The letter sent by the attorney for Roman Yano attached documents that confirm Roman Yano as the leader of Ngarametal. The documents include a confirmation document signed by Ngarametal members on August 9, 2021, confirming Roman Yano as President of the Ngarametal Association. Also included are copies of legal documents and letters executed by Roman Yano as President of the Ngarametal Association, including the lawsuit filed by the national government against Roman Yano in his capacity as the President of Ngarametal.
The Trial Court, in its order, said that it did not find the letter from Roman Yano with its attachments “persuasive.” It said that the letter had three signatures out of the four in support of Roman Yano’s position. In October, an attorney for Mlib Tmetuchl had submitted that Mlib Tmetuchl was the rightful head of Ngarametal and that the Ngarametal funds should be turned over to him. The court denied the request and ordered attorney James Kennedy to turn over the funds to the court for safekeeping.
The court asserts that there is an ongoing dispute over the leadership of Ngarametal and for the court to turn over funds, a letter of support signed by Mlib Temetuchl, Alex Mereb, Roman Yano, and Hussein Derbai is required for the funds to be turned over.
“The individual chosen to receive the funds need not be the President of the Association. The only requirement is that the recipient of the funds is approved by all the abovenamed individuals. Preferably, all signatures will be part of the same affidavit to prevent any miscommunication.” states the court order.
https://islandtimes.org/court-rejects-request-to-handover-2-4-million-ngarametal-funds-to-roman-yano/
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Kennedy turned in $2.4 million plus interest to court “Said didn’t refuse the order”
by Leilani Reklai
October 24, 2023
The attorney for the Ngarametal Association, James Kennedy, said he has turned in to the Clerk of Courts the 2.4 million dollars in compliance with a Court order issued on May 8, 2023. The court has ordered Mr. Kennedy to transfer the funds received from Civil Action 16-052 to the Clerk of Courts for safekeeping until the rightful leadership of the Ngarametal Association is determined.
On October 16, 2023, the court issued an order holding Mr. Kennedy in contempt of court for not complying with its order and ordered him to pay $1,000 per week to the court two days after the order date until the order was satisfied.
Kennedy said he complied with the order before the two-day deadline, providing all the funds plus interest, and did not have to pay any fines. The funds, said Kennedy, were deposited into the client trust account he created after he won the judgment for Ngarametal Association against Island Paradise Resort under the Civil Action 16-052. He has not touched the money since it was first deposited and has bank statements to prove it.
In response to why he did not comply with the court order on a timely basis, Kennedy said that the issue was complicated, involving cultural matters, which the Ngarametal case is about.
He disagreed with Judge Salii’s order. “This is an order that I think is incorrect, issued by a good judge. I think Judge Salii is a good judge. I disagree with the propriety of this order because the court should not force the traditional dispute into court.”
Explaining his point, Kennedy said that no one from either side of the Ngarametal leadership dispute had filed their dispute in the court. The court dismissed the case Mlib Tmetuchl brought, demanding Kennedy turn over the funds to him. “Although there is a dispute, it’s not pending in the court because this action has been dismissed.”
James Kennedy was retained as attorney for the Ngarametal Association, he said, around 2018. At the time, the Ngarametal Association had been going to court with Island Paradise Resort for seven years over the issue of compensation for the burning down of Bairametal. Kennedy said that after taking over the case, he got a court judgment against Paradise Island Resort, resulting in the payment of 2.4 million to the Ngarametal Association.
The passing of Ibedul Yutaka Gibbon and Ngirioulidid Johnny Gibbons led to a dispute over the rightful leaders of Ngarametal. The proceeds from the court case have been with the Ngarametal Association’s attorney until the recent order from the court demanding attorney Kennedy to turn in the money to the Clerk of Courts pending the resolution of the dispute.
https://islandtimes.org/kennedy-turned-in-2-4-million-plus-interest-to-court-said-didnt-refuse-the-order/