Human smuggling suspect acquitted

Federal District court judge Alex Munson acquitted yesterday a Chinese national who was allegedly involved in a human smuggling attempt to Guam last month.

Munson said the U.S. Attorney’s Office, which was prosecuting the case, failed to present evidence that would prove the allegation against Cheng Wen Shun beyond reasonable doubt.

“The court can’t speculate on these things. There is no evidence that there was discussion [on the attempt to enter Guam], no testimony that they paid money. This defendant denied any knowledge of attempting to enter the U.S. That’s the government’s burden to prove otherwise… I find the defendant not guilty of this case,” Munson said.

He said, though, that the accused must remain in the custody of CNMI immigration authorities for proper legal action. He noted that Cheng has no legal status to continue to stay in the Commonwealth.

During his testimony, Cheng said that he has been living in the CNMI since 1992 without a regular work.

“ I work if there’s work. If there’s no work, I have fun. I work for anybody. I go wherever there’s work,” he said.

His last work prior to his arrest last month, he said, was on Tinian. When asked who was his last employer, he said, “I can’t remember the name.”

With Tinian resident Eddie Fleming as boat captain, Cheng, together with three other Chinese nationals—including two women—left Tinian on April 5, 2004.

Cheng said it was a fishing trip but prosecutors said that it was a planned trip to bring them to Guam. They were arrested on Rota where they had to stop by twice due to the rough seas and lack of fuel.

The judge’s decision favors the petition filed by the defendant’s lawyer, former Superior Court judge Timothy Bellas.

Bellas said during yesterday’s court hearing that the prosecution’s assertions “are all speculations.”

He reiterated the defendant’s testimony that he was unaware of any discussions about going to Guam, insisting that he only wanted “to have fun” fishing.

Besides, Bellas said Cheng did not know the other passengers except one whom he said was his acquaintance.

For his part, prosecutor Jamie Bowers said common sense would dictate that there was a conspiracy to illegally enter Guam, citing alleged admissions by other defendants that they paid money for the trip.

He said there was no need prove that the defendants made it to Guam, “but the attempt was made.”

“The attempt was complete when they left Tinian,” he said.

He pointed out that one of Cheng’s co-accused said she knew she was going to Guam, and had contributed money for the boat’s fuel.

Another local, he said, also testified that he knew the group was going to Guam.

“The evidence is very strong that they were headed to Guam,” Bowers said. “It was not a fishing trip. It was a trip to smuggle people to Guam.”

Meantime, two of Cheng’s co-accused in the case reportedly entered a guilty plea agreement.