TRADITIONAL LEGAL SYSTEM LIMITS EFFECTIVENESS OF CRIMINAL

C O N F I D E N T I A L SECTION 01 OF 03 KOLONIA 000099

SIPDIS

E.O. 12958: DECL: 7/7/2019
TAGS: CASC PGOV FM
SUBJECT: TRADITIONAL LEGAL SYSTEM LIMITS EFFECTIVENESS OF CRIMINAL
ENFORCEMENT MECHANISMS, CRIME A CONCERN

CLASSIFIED BY: DOUGLASSWD, CHARGE DE AFFAIRS, EMBASSY KOLONIA,
DOS.
REASON: 1.4 (b),(d)

1. (C) SUMMARY: From April to June American citizens in
Pohnpei have reported multiple burglaries, assaults, and a
murder. When asked about preventing such crimes, Pohnpei Police
Chief Joe Roby comments that Pohnpei's traditional legal systems
have limited his ability to enforce the law. Attorney General
Scott Garvey (Amcit) goes further, expressing concern that
police investigators are not reliable. Although the overall
crime rate in Pohnpei seems to remain low, it appears that
victims of all but the most violent crimes should not expect
assistance from the police. END SUMMARY.



Recent Reports of Crime

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2. (C) The most recent violent crime against an American in
Pohnpei was the June 18 murder of Ronald Kersey (septel). The
police were able to capture the murderer, Kersey's nephew D.J.
Jeilo, the same night. Two other cases include an April 9
assault on Tamme Jaynes and an attempt by a driver to force
bicyclist Dennis Gearhard off the road. Bill Jaynes, Tamme
Jayne's husband, and Gearhard both informed Econ/Conoff that
they were able to identify the person that attacked them to the
police, but that nothing has happened to their attackers.




3. (SBU) Bill Jaynes, editor of the Kaselehlie Press, the
Federated States of Micronesia's (FSM's) only newspaper, wrote
an extensive article detailing the assault on his wife including
how the attacker threatened her with a machete and slashed a
hole into her car before trying to get in through the window.
Mr. Jaynes told Econ/Conoff that what he did not put in the
newspaper article was that his wife was able to identify the
attacker and that he knew the attacker's name. After the
incident the police took in the person that attacked Tamme
Jaynes. Mr. Jaynes reported in the press that the police
confirmed that the attacker had attacked others the same day and
that they know him well because he is regularly involved in
assaults. As with previous incidents, the police released the
assailant the following morning on his own recognizance.




4. (C) During a discussion between Deputy Attorney General Ira
Shiflett and Gearhard on June 25, Gearhard expressed
appreciation to Shiflett for his efforts in trying to bring his
case to trial, but said "at this point it is better to let
sleeping dogs lie." During an incident earlier in the year a
vehicle "pursued" Gearhard, who was riding his bicycle home.
Gearhard explained that he literally had to jump out of the way
a couple of times to avoid the driver in the car from hitting
him. He then identified his assailant to the police. According
to Gearhard, the police took his statement and then interviewed
his assailant. The assailant stated he did not pursue Gearhard
or try to run him off the road. The police then dropped the
investigation. Shiflett separately told Econ/Conoff that
Gerhard's description of the lackluster police investigation was
generally accurate. He added that despite "heated" requests by
his office for the police to investigate the incident and submit
a report to the AG's Office, the police have refused to follow
up on the case.




5. (U) In two separate incidences in May, Amcits called the
Embassy to discuss burglaries to their homes and to complain
that the police were unhelpful. The Kaselehlie Press also
reported on recent break-ins into Kolonia Catholic Church
Properties. The priests, including at least one American,
living on the property confirmed that their buildings and
residences had been broken into on "several previous occasions."
Prior to the most recent burglaries, the Church had already
taken steps to prevent additional break-ins such as removing
ledges and placing bars on windows.




6. (U) In one of the cases, the caller stated he and his wife
had identified the teenagers that had broken into their home.
The police found the teenagers that night and arrested them. By
the next day, however, the police released the teenagers with no
further investigation. According to the caller, the families of
the teenagers talked to their children and then approached the
police. After that discussion the teenagers stated they had not
broken into the American's home. According to the caller, the

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police then released the teenagers and refused to investigate
further.



Police and the Traditional Response

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7. (C) Econ/Conoff discussed each of the above mentioned cases
with Pohnpei Police Chief Joe Roby on June 19. Other than the
murder of Kersey, Roby was unaware of any of the cases and asked
for the Embassy to provide additional information so that he
could investigate further. Roby went on to speculate on how the
families involved may have resolved the cases before they came
to his attention.




8. (C) The FSM Constitution states that no law shall infringe
on each of the states traditional systems, which includes law
enforcement. In most cases, if the perpetrator or their family
apologizes to the victims the investigators will not pursue the
case. It is then up to the families involved to determine the
appropriate punishment, which police then consider an internal
family issue. (Note: Along with the family determining
appropriate punishment, anecdotal reports indicate that law
enforcement authorities ignore child abuse claims because
disciplining children is a "family issue." End Note.) If the
children involved apologized for breaking into someone's home,
investigators may drop the case. Per the traditional system,
the case is resolved.




9. (C) Conoff asked Roby to describe what would happen in the
murder case and how the traditional system of apology would play
into the court case. Roby stated that in a murder case the
Pohnpei's traditional legal system will not play a role in the
case until the sentencing stage.




10. (C) Roby commented that the case involving the murder of
Kersey was straight forward, including a confession. He added
that he expects Jeilo's side of the family to go through the
traditional apology process. Everyone from the attacker's side
of the family will attend the funeral of Kersey and will pay
proper respects. Jeilo will then apologize directly to the
victim's family. It is then up to the victim's family to accept
the apology or not. (Note: The implication being that if an
attacker's close relatives followed the traditional system
properly, expectations are that the victim's family will have to
accept the apology and the ensuing light punishment for the
defendant. Shiflett estimates that Jeilo will eventually
receive a sentence of approximately six years. End Note.)



AG: Police Investigators are Unreliable

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10. (C) During a June 19 meeting with Pohnpei Attorney General
Scott Garvey (Amcit) and Shiflett, Garvey confirmed that State's
reading of the Constitution protects traditional practices. He
further confirmed that those practices were sometimes at odds
with his office's law enforcement efforts. Econ/Conoff
commented that the perception among many in the American
community was that if they were a crime victim, they were often
on their own due to the lack of support from the police. Garvey
countered that that was not just a perception, but a reality. He
stated that Amcits or expats in general were not targets of the
lax police enforcement, but that police investigators were just
generally not reliable.




11. (C) Garvey stressed that the traditional system was only
part of the problem. If people go to their traditional leaders
to resolve a dispute or if it at least appears that families are
doing so, the police don't have to do any work. Shiflett
commented that when a victim makes one claim and the accused
make a counter claim, investigators tend just to decide that
they can't decide who is telling the truth and end their
investigation. He then highlighted the Gearhard case, stating

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in his estimation there was clear evidence of a crime and
possible an assault. The police due to other incidents also
know the accused. The AG's office has repeatedly asked the
police investigators for a report on the incident, but beyond a
comment that the two people involved have different stories the
police will not submit a report. The AG cannot move forward on
the case without an investigation.



Comment

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12. (C) The crime rate in Pohnpei appears to remain low, but an
accurate accounting of criminal incidences including assault is
unknown due to the traditional dispute resolution mechanism and
police laziness. Victims often do not report crimes to
authorities or investigators drop the cases before formally
reporting on them. Many Pohnpeians, including police, seem to
also dismiss many alcohol related crimes as unintentional acts.
Mr. Jaynes went so far as to release an editorial criticizing
how Pohnpeians forgive "drunks" for their crimes simply because
they were drunk at the time they committed the crime. Bill
Jaynes has commented to Econ/Conoff that this maybe one of the
reasons why the case against his wife's assailant was dropped by
the police, despite the assailant being a habitual drunk.
Although only anecdotal, when taken into context with the AG's
and Police Chief's lack of faith in police investigators, an
official low rate of crime clearly does not mean an absence of
crime. More importantly, visitors to Pohnpei should realize
that if they are a victim of all but the most violent of crimes
they should not expect assistance from the police. END COMMENT.
DOUGLASSWD