‘Mafnas unlawfully seized about 8-10 driver’s licenses’

Ramon C. Mafnas, as Department of Public Safety commissioner, unlawfully seized some eight to 10 driver’s licenses from alien workers across a period of several months, according to Police Capt. Pete Leon Guerrero.

A veteran lawyer told Saipan Tribune that taking a driver’s license requires some due process of notice and an opportunity to be heard.

Leon Guerrero said that Mafnas over a period of time confiscated driver’s license from Filipinos and two Bangladeshis and gave them to his secretary, who then passed the licenses to Leon Guerrero, at the time a uniformed services commander at DPS.

The police captain said that he then made it a point to return the licenses to their owners.

“It’s against the law! There’s Public Law 16-3, if I’m not mistaken,” said Leon Guerrero, who spearheaded the petition seeking Mafnas’ ouster from DPS.

He said the licenses were not even expired, hence his insistence on returning them to the owners. “I don’t want to get sued. I’m hanging on to people’s driver’s license when I’m not supposed to,” he said.

He said all the licenses were eventually returned to the owners who were contacted and advised to pick them up at DPS. Leon Guerrero said that Sgt. Anthony Macaranas helped him contact the owners and return their licenses to them.

When asked if he told Mafnas that what he was doing was unlawful, Leon Guerrero said that he did so on several occasions. “But no, he is the commissioner. So he believes he’s got the right [to seize the licenses],” the captain said.

He said Mafnas is lucky because these people did not file a complaint. “Those licenses were supposedly not to be confiscated in the first place,” he pointed out.

Saipan Tribune earlier asked a veteran lawyer about Mafnas’ alleged confiscation of driver’s licenses and he explained that the commissioner is a law enforcement officer and does have the authority to enforce the law.

He believes, though, that DPS standard procedures require the use of marked vehicles for traffic enforcement.

The lawyer, who asked not to be identified, said if the commissioner observes a violation or crime in progress, either he reports it or takes action himself as a law enforcement officer.

“If there is a traffic violation, the motorist is either given a warning or gets a citation. A person really should get an administrative hearing before his/her license is revoked or taken away,” he said.

“Think about it, he takes a person’s license and then tells him/her to go? To drive without a license? There should also be a notice to the motorist about the license and when he/she will have a hearing on its return,” the lawyer added.

The attorney, however, emphasized that a commissioner usually doesn’t do this because he or she will end up being a witness in traffic court, just like any other police officer.

“Plus a person does have civil rights and even a traffic stop does have certain requirements under Terry v. Ohio and subsequent cases,” he said.

The lawyer said a person can also complain of theft of his or her license if the commissioner does not present himself as a law enforcement officer, clearly identifying himself as a peace officer.

“It is dangerous because a person may believe the commissioner to be falsely claiming to be a police officer and defend himself,” the lawyer said.

Meanwhile, police officer Jason Tarkong said yesterday in a statement that any questions regarding the leave status and ongoing investigation on Mafnas can be forwarded to press secretary Angel Demapan.

“Regarding DPS Commissioner Ray Mafnas, any change in the department will always cause issues. So far the department is moving forward. All divisions, sections, and units are continuing on with their mission at hand, which is to provide public safety to our residents and visitors,” Tarkong said.

Tarkong said acting commissioner Ambrosio T. Ogumoro has met with commanders and supervisors individually to reinforce Gov. Benigno R. Fitial’s messange on continuing with the mission of public safety.