OAG appeals acquittal of PSS commissioner

The CNMI government is appealing to the CNMI Supreme Court from Superior Court Associate Judge Joseph N. Camacho’s order acquitting Education Commissioner Dr. Rita A. Sablan of a traffic case that charged her with three counts of violating the government vehicle provisions of the Commonwealth Code.

Assistant attorney general Matthew Baisley filed a notice in the Superior Court about the government’s appeal to the CNMI Supreme Court.

Baisley is seeking an order from the high court to reverse Camacho’s ruling finding Sablan not guilty of the violation of restriction upon use of government vehicles such as driving a government vehicle that does not bear a government license plate, driving an unmarked government vehicle, and operating a government vehicle with tinting on its windows.

In granting Nicholas’ motion for judgment of acquittal, Camacho found that the prosecution has failed to prove beyond a reasonable doubt that the car driven by Sablan is a government vehicle as defined in the Traffic Code requiring a lease to be 12 months or more.

Camacho ruled that because the lease agreement was expired, the law no longer requires that the subject car be considered a government vehicle.

“Because the vehicle was no longer a government vehicle, it was no longer required to display government license plate and markings, and removal of tinting material,” the judge pointed out.

The vehicle in question is a white four-door 2011 Honda Accord sedan with license plate AEC-621 that is registered to “Joeten Motor Dept.” and leased to the Public School System.

The prosecution alleged that the lease of this car began Jan. 1, 2014 and Sablan was stopped by Police Sgt. Anthony Macaranas in Navy Hill on Jan. 15, 2015, so the government is legally the owner of the vehicle.

Assistant attorney general Emily Cohen prosecuted the case.

Camacho said for Sablan to be guilty of operating a government leased vehicle without the necessary government license plate and government markings, and illegal tinting, the government must prove that that the car was leased for 12 months or more.

In this case, Camacho said, the government incorrectly argues that three consecutive lease terms exceed the 12 months or more.

Defense attorney Brien Sers Nicholas is counsel for Sablan.