The article on page 10 of your recent issue “Four arrested in conjunction with illegal dredging in Sokehs” should have read “Four wrongfully arrested for no valid reason at all”

The arrest of Mr. Jose San Nicolas, and his friends Mr. Sohs Abraham, and Mr. Juan San Nicolas was most unfortunate!  And very sad indeed!  The arrest was without probable cause.  The arrest was without a warrant.  The arrest was wrongful. The arrest was illegal.  The search was conducted without probable cause.  The search conducted was without a warrant.  The search was illegal.  The search was scary.  And their confinement in jail was illegal.

As couple of days later, the Pohnpei law enforcement gang, equipped with a search and an arrest warrant arrested Jose San Nicolas, Sohs Abraham, Juan San Nicolas and John Sog.  A couple of days later, the Pohnpei law enforcement gang again raided The San Nicolas business premises.

Pohnpei Public Lands Trust Board of Trustees, Pohnpei State Government Permit No. 059-15, issued its Permit No. 059-15 to Marcia David and Reed David, Jr., on January 12, 2018, as permittee to remove dyke and landfill at Danpei, Sokehs.  Attached herewith is a true and correct copy of Permit No. 059-15.  As a permittee, the Davids entered into a contract with Whitesand Company for the dyke removal and landfill.  Whitesand Company is a local company which engages in sand mining and dredging and is owned by Miko San Nicolas and his nephew, Larry San Nicolas.  Attached herewith are copies of Whitesand Company business license.

VCS Company is a local company which engages in construction, import of construction supplies and operation of a cement block plant in Kolonia.  VCS is owned by Juan San Nicolas.  Attached hereto is a true and correct copy of its business license.  VCS does not engage in sand mining and dredging.

There exists a privity between The Pohnpei Public Trust Board of Trustees, Pohnpei and the permittees, Marcia David  and Reed David, Jr., by virtue of issuance of Permit No. 059-15 to the Davids by the Board of Trustees.  As permittee, the Davids are answerable to the board of trustees for issues or matters pertaining to the terms of the permit.  However, instead of arresting the permittee for an alleged possible violation of the terms of the permit, Pohnpei State law enforcement gang went out and engaged in the often competitive enterprise of ferreting out crimes and illegally arrested Jose San Nicolas, Sohs Abraham, John Jog, and Juan San Nicolas and threw them in jail.

Thus, the wrongful and illegal arrest of Jose San Nicolas has radically re-defined the meaning of the word “Permittee” by introducing additional new elements in its ordinary meaning.  The word “Permittee” now has a new meaning:  One who engages in construction, imports construction supplies, and operates a cement block plant can be considered as “Permittee”, and subject easily to wrongful and illegal arrest by the Pohnpei law enforcement gang.

John Weilbacher

via Larry San Nicolas

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