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Ngirameketii v Materne [2020] PWSC 23 (24 April 2020)

IN THE

SUPREME COURT OF THE REPUBLIC OF PALAU

APPELLATE DIVISION

PER CURIAM:
Before the Court is Petitioner Ellender Ngirameketii’s Petition for a Writ of Mandamus pursuant to ROP R. Civ. P. 21, which was filed on April 6, 2020. The Republic of Palau filed a brief in opposition on April 13, 2020. On April 14, 2020, the Petitioner filed a motion to strike the Republic’s response as allegedly premature.
A writ of mandamus will issue only upon showing that “there is: 1) a specific, incontrovertible right in the petitioner to have the act in question performed; 2) a corresponding ministerial duty to be performed by the respondent; and 3) no other specific and adequate relief, such as appeal, available.” ROP v. Asanuma & Malsol, 3 ROP Intrm. 48, 49 (1991). Failure to meet any one of the criteria is fatal to the petition.
The Court notes that on October 16, 2019 the Petitioner has filed an interlocutory appeal from the same Trial Division Order that is subject to the present writ petition. That appeal remains pending. See Crim. App. No. 19-004. While, at present, we express no opinion on the merits of Petitioner’s pending appeal, the availability of that avenue for relief disentitles the Petitioner from relief via mandamus.
Accordingly, the Petition for the Writ of Mandamus is DENIED. The Motion to Strike the Republic’s brief in opposition is DENIED as moot.