Last month, the Office of the Special Prosecutor filed charges of Theft of a government Property, Money Laundering against Presidents Chief Security Officer and officer’s wife. The husband was also charged with Misconduct in a Public Office and had filed for a motion to quash the said charge.
Although not official yet the motion to quash charges of misconduct against Clifton Soalablai has been agreed upon by the Office of the Special Prosecutor, however, the court ruling on it by the presiding judge is currently pending.
Jacob Gordon who is the Assistant to the Special Prosecutor acknowledged the charges of misconduct are being dropped but added that that the decision is complicated than mere dropping of charges.
Chief Public Defender Jim Hanley said that currently the case is getting ready for trial as the OSP will not be making a plea offer.
The argument made by Soalablai through his attorney is that he does not fit the definition of a public official which is prescribed by law.
The definition under 33 PNC § 601 states, “Public Official means any national elected official, any minister, any director of a bureau or chief of a division of the national government, any state chief executive officer, any member of a state legislature, any member of national or state board, commission or authority.
It further adds, “any procurement officer or other employee responsible for award of contracts on behalf of the Republic or any of its separate branches or subdivisions or on behalf of any state or any of its separate branches of sub divisions.”
Defendant Soalablai makes an argument that considering the above definition, even though he is a police officer, he is not a public official.
The argument further states that previously police official were under the same umbrella as Public Officials but the law was updated in 2013 and since then, police officials are not considered the same as public officials. (By Eshan Kalyanikar)