Last Friday, District Court Judge Gwen Tauiliili-Langkilde dismissed without prejudice the government’s case against former director of Human resources Lynn Pulou-Alaimalo.
She was charged with two misdemeanor charges of third degree assault in connection with an incident on December 31, last year, in Laulii where she allegedly assaulted Gaioi Tufele-Ours.
The dismissal was due to a conflict of interest issue. Both, District Court Judges Gwen Tauiliili-Langkilde and Jon Clemens sat on the panel which appointed Aitofele Mino Sunia as Independent prosecutor for Pulou-Alaimalo’s case and both judges presided at proceedings for the case.
Clemens heard the former director’s case at her initial appearance in February, and Tauiliili Langkilde presided at last Fridays’ hearing.
It was judge Tauiliili-Langkilde who raised the conflict issue. Under statute, judges who participate in the appointment of an independent prosecutor cannot be involved as judges in a case handled by the IP that they chose.
Therefore, the case was dismissed by Judge Tauiliili-Langkilde without prejudice due to their involvement.
Dismissal without prejudice menas that the case can be refilled.
According to Pulou Alaimalo’s attorney, David Wiesner, if the case is refilled a Justice of the High Court, e.g. Justice Kruse, Sunia, or Patea will have to sit as a District Court Judge and hear the case. It is unclear whether there will be a new independent prosecutor if the case is refiled, or a new Judge will preside with the same lawyers. Wiesner said he will continue to represent Ms. Pulou-Alaimalo.
Commenting on the dismissal of his client’s case, Wiesner said, “The allegations in this case simply don’t justify taking a High Court Justice’s time away from their backlogged felony criminal and land & matai title dockets. Here, the parties have reconciled, my client has apologized twice to the complainant, and peace in the village has been restored. All things considered, this case should be thrown out. But, if the prosecution plans to refile the case, we are eager to take this case to trial in full view of the media and jury.”
