Court allows defendant to travel off island

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Associate Justice Fiti Sunia has granted a request by defendant Richard deSaulles to travel off island for medical treatment.

At a hearing in his court room this morning Sunia said that the court is satisfied after reviewing documents that the court required the defense to submit, including medical appointments for deSaulles to see a medical specialist, affidavits from those who posted his surety bond, and that he has posted a $20,000 cash bond.

Defense attorney Marcellus Uiagalelei noted that one of the individuals who assisted with deSaulles’ bond, Mr Joey Cummings, was in the court room.

Sunia did ask the prosecutor, Assistant Attorney General Doug Lowe if there was a stop order against the defendant. Assistant Attorney General Christy Dunne who was in the court room but not seated at the prosecution table, said that their office doesn’t issue stop orders for US nationals or citizens.

Associate Justice Sunia had Ms Dunne come up to the prosecution table to answer his questions,

Dunne said that it has been explained to attorneys in the AG’s office that stop orders are not issued for US nationals or citizens as it’s a violation of their constitutional rights.

The judge asked whether it makes a difference if the individual is charged with a criminal offence.

The assistant AG answered that she would have to look into this but from her experience, they have always been told that stop orders cannot be issued for US nationals and citizens.

Sunia has set a status hearing for July 19th and asked the government to present a brief on the issue of stop orders.

Meanwhile deSaulles who faces one count of embezzlement and one count of stealing is set to leave the territory Thursday night and return on October 12.

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