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Sonoda v Trust Territory [1976] TTLawRp 33; 7 TTR 442 (16 November 1976)

7 TTR 442

JESUS A. SONODA, Appellant

v.

TRUST TERRITORY OF THE PACIFIC ISLANDS, Appellee

Criminal Appeal No. 55

Appellate Division of the High Court

Mariana Islands District

November 16, 1976

Prosecution for obtaining government funds by false pretenses. The Appellate Division of the High Court, Brown, Associate Justice, held that defendant, convicted of false pretenses and punishable by maximum imprisonment not to exceed five years, was not entitled as of right to statutory preliminary hearing as to probable cause nor to trial by jury, and that defense of selective prosecution was not a valid defense.

1. Constitutional Law—Due Process—Particular Cases

Defendant, convicted of cheating and false pretenses by filing fraudulent document under which he sought and obtained $144 from government as reimbursement for claimed expenditures for rental of automobile, was not denied right of due process by government's lack of written regulations governing travel voucher payments to guide traveller and point out to him that he was not entitled to reimbursement of funds not actually expended by him. (11 TTC § 853)

2. Constitutional Law—Jury Trial

In determining whether defendant, who made timely request for jury trial which was denied, had been denied of his rights to due process and equal protection of law, reviewing court must be guided by laws in force in Trust Territory unless it finds those laws to be such as to require court to hold them to be invalid.

3. Constitutional Law—Jury Trial

Statute which gives right to trial by jury limits jury trials to cases where jurisdiction lies exclusively with Trial Division of High Court. (5 TTC § 501)

4. Criminal Law—Defenses—Selective Prosecution

Fact that other persons obtained money from government by false pretenses but were not prosecuted for their misdeeds was no defense for defendant convicted of seeking and obtaining $144 from government by filing fraudulent document for claimed expenditures for rental of automobile.

5. Criminal Law—Probable Cause—Charge

Purpose of preliminary hearing statute is to determine whether or not probable cause exists, and if it does not, to assure prompt dismissal of charges against accused person. (12 TTC § 67(2))

6. Criminal Law—Probable Cause—Hearing

Where a justice of the High Court is physically present at place of trial, statutory preliminary hearing is not a matter of right, but a matter of discretion that rests with Trial Division of High Court. (12 TTC § 67(2))

7. Criminal Law—Probable Cause—Hearing