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Trust Territory v Ngiraitpang [1970] TTLawRp 46; 5 TTR 282 (15 December 1970)

5 TTR 282

TRUST TERRITORY OF THE PACIFIC ISLANDS

v.

JESUS NGIRAITPANG

Criminal Case No. 244

Trial Division of the High Court

Mariana Islands District

December 15, 1970

Criminal case wherein accused was charged with the crimes of rape and burglary. The Trial Division of the High Court, D. Kelly Turner, Associate Justice, held that where the identification in court of accused was not derived from any unfair or suggestive police procedure and it arose from the circumstances surrounding the crime itself the absence of counsel did not deprive defendant of counsel at a critical stage of the investigation leading to his trial and held further that the resistance offered by the prosecutrix was legally sufficient to establish that the accused was guilty of rape.

1. Courts-High Court

While the Trial Division of the High Court is not bound by the United States Supreme Court decisions it should recognize such precedent's as goals to be reached so far as they are applicable to conditions existing in the Trust Territory.

2. Criminal Law-Rights of Accused--Counsel

When the police arrange a lineup or other identification proceedings the suspect, whether he be charged or not, is entitled to have the Public Defender or his representative, or other defense counsel present; the suspect must be so advised and if he requests counsel the proceedings may not be held until counsel is present.

3. Criminal Law-Rights of Accused-Counsel

Where the identification of the accused in court was not derived from any unfair or suggestive police procedure and it arose out of the: circumstances surrounding the crime itself, the absence of the public defender or his representative did not improperly deprive the accused of counsel at a critical stage of the investigation leading to his trial.

4. Criminal Law-Burden of Proof-Reasonable Doubt

Even though the, defendant was connected with the charged crimes, it became the obligation of the prosecution to prove beyond a reasonable doubt that the event was in fact a crime.

5. Rape-Consent

The theory that a 50-year-old woman, consented to intercourse in her home with a man she had never seen before at 4:00 o'clock in the morning is not credible.

6. Rape-Consent

The absence of physical resistance does not establish consent.