Pending lower court reconsideration
Appellate Court released a clarification of its recent decision regarding the appeal filed by Augustino Blailes challenging Trial Court’s order which granted Paulus Ongalibang a Temporary Injunction barring Blailes and others from holding a funeral for Ebil ra Otong Ereong Remeliik at Bai ra Ulimang and burying her remains at the Odesongel ra Otong.
The Appellate Court ordered Trial Court to reconsider the decision it made in which it only considered potential harm to Ongalibang but did not give the same consideration to Augustino Blailes.
In this decision, the Appellate Court gave lower court 30 days to consider the order it issued Paulus Ongalibang in light of the higher court’s order.
The Appellate Court decision determined that the Trial Court erred in its decision to grant Paulus Ongalibang’s request for Temporary Injunction stopping the funeral and burial on Otong properties based on consideration of possible harm to Ongalibang without also considering the possible harm to Blailes.
“By failing to apply the legal standard correctly, the trial court abused its discretion,” Appellate Court asserted in its decision.
The previous order granted by Trial Court barring funeral and burial of Ebil ra Otong Ereong Remeliik will remain in effect for up to 30 days awaiting the final decision by the Trial Division.
It would be full 2 months this October 28 from her passing that the Ebil ra Otong Ereong Remeliik’s remains is kept at the morgue awaiting court decision. Remeliik passed away on August 28, 2019 and was set to have funeral and burial on September 21st. Court order granting a Temporary Injunction prevented funeral and burial from taking place. The court order was challenged on appeal where the Appellate Court on October 21st agreed that the earlier order “failed the legal standard” and remanded the order back to the lower court, giving it 30 days to decide based on Appellate Court’s order.
Editor’s Note: Island Times erred in October 22nd issue printing Paulus Ongalibang’s name as Paulino Beches. We sincerely apologize for this error.