KPress Vol. 08 Iss. 09

From Habele Institute

Jaynes, Bill (2008-04-09). KPress Vol. 08 Iss. 09 (PDF) (Report). Kolonia, Pohnpei: Kaselehlie Press.

Abstract: KPress Vol. 08 Iss. 09: NEWS: Chuuk, FSM—The trial of former FSM Senator Roosevelt D. Kansou concluded with a judgment by the FSM Supreme Court in Chuuk finding him guilty of conspiracy, though the written judgment had not yet been made public and few details were available beyond the finding of guilt; Kansou was tried separately from alleged co-conspirators, reportedly due to differing legal strategies; reporting notes that under Article IX, Section 9 of the FSM Constitution, a person convicted of a felony is ineligible to serve as a member of Congress, but legal interpretation cited in the article explains that a person is not considered a “convicted felon” until sentencing is pronounced and liberty is formally bound by the court, meaning an appeal cannot be filed until after sentencing; during the morning session on April 4, the final day of the Fourth Special Session of the Fifteenth Congress, Speaker Isaac V. Figir stated that he had received Presidential Communication No. 15-173 transmitting court documents showing that Senator Kansou had been found guilty of conspiracy as charged in March; President Emanuel Mori acknowledged the Speaker’s letter and indicated that appropriate entities and officials had been notified of the resulting vacancy in the Fifteenth FSM Congress; OPINION / EDITORIAL: Speaker Figir asserted that he did not believe it necessary to wait for sentencing before acting, citing legal opinions available to him; a separate opinion piece discusses statutory interpretation of Title 2 of the FSM Code, noting that the law does not explicitly require the Secretary of the Department of Justice to be a lawyer or a member of the FSM Bar, but implies legal qualifications through the Attorney General’s role as chief legal counsel and the Secretary’s responsibility for coordinating and overseeing all FSM litigation.