Attorney for defendant Mr. Kalingo Kangich is asking the government to pay his client $75,000 as replacement costs for his two boats that were in government’s possession when they were totally damaged. Government had seized the boats in 2017 when it arrested Mr. Kangich.
While the boats were in government possession, one of the boats was sunk and another was burned, both a total loss according to Kangich’s attorney’s letter to Minister of Justice J. Uduch Sengebau Senior.
Mr. Kangich was charged in 2018 with a drug charge, which was dismissed without prejudice in 2019 and refiled in 2020, where he took a guilty plea and a judgment and order were entered against him in October of 2020.
Court ordered the return of the defendant’s properties that were the government’s possession. Government asked the court to reconsider in which the court denied saying that the government has failed to comply with forfeiture law.
The government has failed to file for forfeiture within the timetable of 3 years given under the law. The government argued that the reason for the delay was due to the process that had resulted in an appeal, a remand, dismissal without prejudice and refiling, and the final guilty plea. The court still denied saying that the government has failed to comply with the Forfeiture Act.
“For purposes of settling this matter amicably and at less cost to all, the Defendant would be willing to accept the total sum of $75,000 as his full compensation in this case at the earliest possible time,” stated Brien Sers Nicholas, attorney for Mr. Kangich.
Kangich was convicted of Possession of Less Than One Gram Of A Controlled Substance – Methamphetamine which carries a jail term of not less than 5 years and a fine of not less than $10,000.