The High Court has granted a motion by the defense, which the government supported, to dismiss criminal charges against a former employee of ANZ Guam Bank, Aialani Foster, who was accused of embezzling more than $1,800 from the bank.
Defense Counsel Marcellus Tala Uiagalelei told the court this morning that neither the government nor the ANZ Guam Bank has in their possession the evidence needed to prove the charges against Foster.
At the last hearing on the case, the High Court had given the government 5 days to obtain records gathered in an internal probe by ANZ, which the government based its case on
Uiagalelei informed the court that as of this morning the government had not obtained the ANZ records.
He then asked the judges to dismiss the case against his client without prejudice.
Prosecutor Russell Smith said that he was okay with the motion to dismiss as the key witness and source of information against Foster, an ANZ employee, is no longer employed at the bank and they cannot locate the individual.
According to the government’s now dismissed case, while Foster was a teller at ANZ Bank she allegedly cashed two checks belonging to bank customers, one a Retirement Fund check, and the other an American Samoa Community College Pell Grant check.
The two checks were worth just over $1,800.
The motion to dismiss was granted by Chief Justice Michael Kruse and Associate Judge Fa’amausili Pomele.
