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‘Mrs. Pai was charged only because she is Mike Pai’s wife’
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Posted on Nov 14 2011
The only reason Joanna C. Pai has been charged with utility theft is because she is married to Public Auditor Michael Pai, who has attracted the ire of Attorney General Edward T. Buckingham, according to former AG Rexford C. Kosack.
“These facts have been well-reported in the press and need not be relied on for Mrs. Pai to prevail in this case, at least at this stage of the proceedings,” said Kosack in Mrs. Pai’s motion to dismiss the case.
Kosack, counsel for Mrs. Pai, filed yesterday the motion to dismiss and a motion for discovery.
At yesterday’s arraignment, Mrs. Pai pleaded not guilty to one count of theft of utility services. She is being accused of stealing utility services amounting to over $51,000.
Presiding Judge Robert Naraja set a status conference on Nov. 22 at 1:30pm.
In the motion to dismiss, Kosack said this motion will show that Mrs. Pai has not committed the offense under either the facts or the law alleged in the information.
First, Kosack pointed out, the facts alleged do not state an offense. The information, he said, alleges that Mrs. Pai received the benefit of a theft of utility services.
“It does not allege that she committed the theft,” Kosack said.
Kosack also noted that the government should be aware of the fact that Mrs. Pai is not a customer as the utility account is in the name of another person.
“While it is alleged that Mrs. Pai received the benefit of a theft of utility services, it does not allege that she committed the theft, and it does not even allege she had any knowledge that the utility services had been stolen,” he said.
The lawyer said the information essentially charges Mrs. Pai with nothing more than the alleged innocent receipt of stolen utility services.
According to the information, on Aug. 30, 2011, on Saipan, Joanna Pai “unlawfully committed the offense of theft of utility services where the theft accrued to her benefit.”
The utility services were in excess of the amount of $51,000, the charging information states.
Saipan Tribune learned from a source that the alleged theft involved Commonwealth Utilities Corp.’s power services.
