KSA State vs. Erwine G. Mongkeya.wpd

KOSRAE STATE COURT

FEDERATED STATE OF MICRONESIA

EASTERN CAROLINE ISLANDS 96944

Cite as Kosrae State vs. Mongkeya , Kosrae St.(1988)

[Kos.Ct pge 1]

KOSRAE STATE,

Plaintiff

ERWINE G. MONGKEYA,

Defendant

CRIMINAL CASE N0. 129-88

OPINION

BEFORE THE HONORABLE HARRY H. SKILLING CHIEF JUSTICE

APPEARANCES:

For the Plaintiff: Mr. Aliksa B. Alksa

Prosecutor

Kosrae State, FSM 96944

For the Defendant: Mr. Patrick Olter

Public Defender

Kosrae State, FSM 96944

[Kos.Ct pge 2]

COURT'S OPINION:

Harry H. Skilling, Chief Justice

The defendant, Erwine G. Mongkeya, was charged with one count of Disturbing the Peace under KC 13.503.

A trial was held on the matter on December 22, 1988.

At the trial the indisputed evidence was that the defendant, in a public place, and in the presence of several people, including Mr. Tinteru Sam, accused Mr. Sam, in the Kosraean language, of being a land stealer 1. Both the defendant and her mother admitted at the trial that the defendant did make this statement. There was no evidence introduced to indicate that the statement contained any element of truth.

The Court finds that these statements were wilfully made by the defendant and that they did unreasonably annoy and disturb Mr. Sam thus depriving him of his peace and quiet.

In Oingerang v. Trust Territory, 2 T.T.R. 385 (1963) at p. 388, the Court stated:

"Words can constitute the offense under some circumstances, if they are of such a nature as are likely to bring about an altercation [citation omitted]. The fact that the defendant was actuated by a good motive in uttering them is not a defense. Thus it has been held that the fact that a minister, in using obscene and provoking language in the pulpit, was intending merely to rebuke the sin of impurity, was no justification for use of such language.

[Kos.Ct pge 3]

CONCLUSION

It is therefore the judgment of this Court that the defendant is guilty of the crime of disturbing the peace. The defendant is sentenced to pay a fine of Ten Dollars (10.00) no later than January 03, 1988.

SO ORDERED the 22th day of December,1988.

/s/

Harry H. Skilling

Chief Justice

Entered this___ day of____________19______.

Clerk of Court, Kosrae

1."Kom met pusrapasr an se", "kom pusrapasr an". (Back to Opinion)


	KOSRAE STATE COURT FEDERATED STATE OF MICRONESIA EASTERN CAROLINE ISLANDS 96944 Cite as Kosrae State vs. Mongkeya , Kosrae St.(1988) [Kos.Ct pge 1] KOSRAE STATE, Plaintiff vs ERWINE G. MONGKEYA, Defendant CRIMINAL CASE N0. 129-88 OPINION BEFORE THE HONORABLE HARRY H. SKILLING CHIEF JUSTICE APPEARANCES: For the Plaintiff: Mr. Aliksa B. Alksa Prosecutor Kosrae State, FSM 96944 For the Defendant: Mr. Patrick Olter Public Defender Kosrae State, FSM 96944 [Kos.Ct pge 2] COURT'S OPINION: Harry H. Skilling, Chief Justice The defendant, Erwine G. Mongkeya, was charged with one count of Disturbing the Peace under KC 13.503. A trial was held on the matter on December 22, 1988. At the trial the indisputed evidence was that the defendant, in a public place, and in the presence of several people, including Mr. Tinteru Sam, accused Mr. Sam, in the Kosraean language, of being a land stealer 1. Both the defendant and her mother admitted at the trial that the defendant did make this statement. There was no evidence introduced to indicate that the statement contained any element of truth. The Court finds that these statements were wilfully made by the defendant and that they did unreasonably annoy and disturb Mr. Sam thus depriving him of his peace and quiet. In Oingerang v. Trust Territory, 2 T.T.R. 385 (1963) at p. 388, the Court stated: "Words can constitute the offense under some circumstances, if they are of such a nature as are likely to bring about an altercation [citation omitted]. The fact that the defendant was actuated by a good motive in uttering them is not a defense. Thus it has been held that the fact that a minister, in using obscene and provoking language in the pulpit, was intending merely to rebuke the sin of impurity, was no justification for use of such language. [Kos.Ct pge 3] CONCLUSION It is therefore the judgment of this Court that the defendant is guilty of the crime of disturbing the peace. The defendant is sentenced to pay a fine of Ten Dollars (10.00) no later than January 03, 1988. SO ORDERED the 22th day of December,1988. /s/ Harry H. Skilling Chief Justice Entered this___ day of____________19______. Clerk of Court, Kosrae 1."Kom met pusrapasr an se", "kom pusrapasr an". (Back to Opinion)