Judge bars the production of Torres’ bank records for now

Former governor Ralph DLG Torres appeared before Superior Court judge pro tem Arthur Barcinas yesterday to discuss pending matter in the criminal case filed against him by Attorney General Edward Manibusan. (KIMBERLY B. ESMORES)

Superior Court judge pro tem Arthur Barcinas has ordered that no documents be produced, including the financial records of former governor Ralph DLG Torres, while he reviews arguments of both parties in the ongoing criminal case against the ex-governor.

During a hearing yesterday, Barcinas heard arguments from the Office of the Attorney General’s special prosecutor James Kingman and defense counsel Anthony Aguon regarding the prosecution’s recent issuance of a subpoena for a particular bank account at the Bank of Guam held by Torres.

The subpoena sought the production of Torres’ financial records in connection with the misconduct in office allegations filed by the Office of the Attorney General against the former governor.

Torres’ defense team immediately opposed the subpoena, arguing that it violates Torres’ rights as well as the rights of his wife as the account is a joint account.

Following the arguments, Barcinas said he needs to review the arguments presented before he can make a decision. In the meantime, he verbally ordered that no documents be produced until he has issued his ruling on the subpoena. Kingman was tasked to relay this message to the Bank of Guam.

“The judge ruled that, before a final ruling, that the Bank of Guam, [to whom] the subpoena was directed to, to hold their documents and not transmit them until they hear otherwise. So I will get that order over to them,” said Kingman after the hearing.

Back in May, the OAG issued a subpoena duces tecum to obtain Torres’ Bank of Guam account records. This type of subpoena essentially requires a person to produce certain documents, records, or other tangible items in their possession, custody, or control.

In opposing the subpoena, Torres, through his defense team, asked the Superior Court to quash the request. According to Torres’ lawyers, the subpoena ultimately does not comply with the law. It noted that the subpoena improperly directs the documents to be handed over to the OAG rather than the court.

James Kingman

“Additionally, the subpoena is not authorized by law as the special prosecutor’s appointment, contract, and admission status are invalid, which means the validity of the subpoena depends, upon other things, on the validity of the special prosecutor’s appointment, contract, and admission status. Until the validity of the special prosecutor’s appointment, contract, and status is resolved, the subpoena cannot be deemed to be authorized by law,” the defense team said.

The defense also argues that the prosecution is simply saying it wants to investigate Torres’ expenditures because it wants to and not because it is related to any legitimate law enforcement inquiry.

Also, Torres’ attorneys argued that because Torres is married, the subpoena does not make any effort to protect his wife’s privacy interest in the marital bank account.