Previous Story
BREAKING NEWS
Wiseman denies Fitial’s motion to dismiss himself from Rep. Maratita’s lawsuit over PPA
Superior Court Associate Judge David A. Wiseman issued today, Tuesday, an order denying former governor Benigno R. Fitial’s motion to dismiss himself as a party to a lawsuit filed by Rep. Janet U. Maratita (IR-Saipan) and others over the controversial $190.8-million power purchase agreement.
Wiseman ruled that Fitial is not entitled to qualified immunity in this case.
Qualified immunity is an affirmative defense available to government officials who incur liability for some wrong committed within the scope of their employment, and operates to shield them from being held personally liable as a result of their wrongdoing.
Wiseman said Fitial’s alleged conduct and reliance on the undocumented advice of then-attorney general Edward T. Buckingham was unreasonable where there exists clear and unambiguous provisions of the CNMI constitution which explicitly proscribe his alleged conduct.
“The alleged facts, taken together as a totality of the circumstances, suggest that Fitial knew or should have known that his conduct violated the laws and constitution of the CNMI,” said the judge in a 13-page order.
Rep. Maratita, the CNMI Senate, and Sen. Ray A. Yumul (IR-Saipan) sued Fitial, Buckingham (then replaced with Attorney General Joey San Nicolas), Commonwealth Utilities Corp., and Saipan Development LLC over the PPA and sought a preliminary injunction to stop it.
More details to follow.
