‘Let Fitial face charges’

Some House of Representatives members who voted to impeach former governor Benigno R. Fitial in 2012 and 2013 welcomed the news yesterday that Fitial is willing to come back to face the criminal charges against him, after months of what lawmakers described as his “flagrant disregard of the judicial process.”
House vice speaker Frank Dela Cruz (Ind-Saipan), main author of the Fitial extradition resolution, said yesterday the resolution’s intent “was really so that the former governor can come back to face the charges against him.”

“I’m glad that he is willing to come back on his own free will. I’m glad he made this decision,” Dela Cruz said.

Fitial’s counsel Stephen Nutting filed a motion requesting the Superior Court to quash the arrest warrant that the court issued against him.

Gov. Eloy S. Inos earlier told reporters he is willing to request the federal government to extradite Fitial—if and when the CNMI Office of the Attorney General recommends pursuing the former governor.

As of yesterday, the governor has yet to receive any such recommendation from the OAG.

House Speaker Joseph Deleon Guerrero (Ind-Saipan), main author of two impeachment resolutions against Fitial, noted yesterday that this is only the first time that Fitial communicated with the courts or the CNMI government.

“He’s never bothered to acknowledge the court process for several months. Whether he’s there in the Philippines for legitimate reasons or not, he has not communicated that to the courts. That, to me, is a flagrant disregard of our judicial process, of our courts,” Deleon Guerrero told Saipan Tribune in an interview.

This comes several months after the court issued an arrest warrant against Fitial and long after he was charged with criminal acts in connection with the trial of his former attorney general Edward T. Buckingham.

Fitial filed a declaration executed in Taguig, Metro Manila, Philippines dated Feb. 27. That was about a week after Buckingham was found guilty of all public corruption charges except one and sentenced to 3.5 years in prison, all suspended.

Some lawmakers also noted the timing of Fitial’s actions.

“[Fitial] knows he might be forced to come back in an embarrassing manner if he is extradited,” the speaker said.

Fitial, through his attorney, said he wants to return to the CNMI from the Philippines to face the criminal charges filed against him as he has no desire to become a fugitive. Fitial cited his own medical condition and that of his father-in-law’s health for not being able to return to the CNMI. Fitial has been staying in the Philippines, his wife’s home country.

Until recently, the CNMI court or the government has never heard from Fitial, since the day he left on Feb. 21, 2013, a day after his resignation just days before the start of his impeachment trial at the Senate.

Rep. Janet Maratita (Ind-Saipan) said yesterday “if there’s assurance of [Fitial’s] appearance and willingness to come back to the CNMI at his cost, then I think he should be given that opportunity.”

“It’s a saving for our government as we do not have to take the extradition process. After all, he is also entitled to due process,” Maratita added.

Some lawmakers had previously said that an international extradition process is costly.

Rep. Ray Tebuteb (Ind-Saipan) separately said it’s now up to the courts to decide on Fitial’s request to quash the arrest warrant against him.

“The Legislature has no business, either thoughts or opinions expressed, in quashing court orders. Let it be. That’s the third branch of our republican form of government’s role and responsibility,” he said.

Rep. Antonio Benavente (Ind-Saipan) said that Fitial’s intent to return is “good,” but he said the court order is beyond the Legislature’s control.

“So let him come and face whatever his charges he has coming to him,” he added.

Rep. Edmund Villagomez (Cov-Saipan ) said he thinks “it is the right thing for him [Fitial] to do—warrant or no warrant.”

The Office of the Public Auditor filed seven criminal charges against Fitial for his role in shielding Buckingham from being served with penal summons in August 2012.

These include conspiracy to commit theft of services, conspiracy to commit obstructing justice, theft of services, misconduct in public office, and obstructing justice.

Buckingham, during his trial early this year, said it was Fitial’s idea to have Buckingham escorted around the time he was being served a penal summons.

Fitial is the first governor in the CNMI or any U.S. territory to be impeached by a House of Representatives. He is also so far the only CNMI governor to resign, and that was days before the Senate was to conduct his impeachment trial to determine whether he should be removed from office or not.

Historian Don Farrell earlier said he believes that Fitial’s “rise and fall” will have “a lasting effect on CNMI politics and government” for generations to come.

“Despite all the good things that Governor Fitial may have done during his rise to power, it was not enough to absolve him of the perception of wrongdoing that pervaded his authoritarian style of governing,” the historian added.

Fitial’s impeachment, resignation, and replacement by his former lieutenant governor are covered in the last chapter of Farrell’s new NMI history book.