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Theft case vs former Ebisuya accountant dismissed
Ebisuya owner also settles accountant’s Labor complaint for $3,500
By Ferdie de la Torre
Reporter
Reporter
Superior Court Presiding Judge Robert C. Naraja has dismissed the criminal case filed against a former accountant of Ebisuya Restaurant who is accused of stealing company checks amounting to $2,076.59.
Naraja granted Maricel Celestino Gatdula’s motion to dismiss the charge of theft and ordered that the $100 bail she posted be returned to her.
Island Supply International Inc., which owns Ebisuya Restaurant in Susupe, also settled Gatdula’s complaint filed against the company with the CNMI Department of Labor.
Without admitting any liability, Island Supply International agreed to pay 34-year-old Gatdula $3,500 in settlement for her labor claims against the company.
According to court records, police arrested the accountant at Ebisuya on Aug. 1, 2011. Police said the defendant allegedly used company money to buy two cell phones and made the company pay for the monthly bills as well.
Ebisuya’s owner, Yasuhiro Ueno, reported the alleged theft to the Department of Public Safety.
Police detective Melissa Bauleong stated in her report that Ueno gave police company checks and supporting documents indicating that Gatdula, without authorization, bought two cell phones in January 2010 under the company’s name.
The detective said the documents also showed that Gatdula had also been using company money to pay for the phones’ monthly bills.
Gatdula pleaded not guilty.
The court had set the matter for trial on June 28, 2012. Three days before the trial, assistant attorney general Margo Brown filed a motion to vacate the trial and asked to reschedule it, saying that Ueno was in Japan and unable to travel to the CNMI for the trial.
This prompted Gatdula’s lawyer, Rosemond B. Santos to file a motion to dismiss the case with prejudice, saying that Brown failed to state a reason why the alleged victim, Ueno, is unable to travel to the CNMI for the trial.
Santos said that Gatdula has no prior criminal record and is the mother of a toddler born in the CNMI.
Citing the law, Santos said in all criminal prosecutions certain fundamental rights shall be obtained such as a defendant’s right to a speedy and public trial.
Naraja agreed with Santos and dismissed the case.
