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Trust Territory v Lucas [1974] TTLawRp 32; 6 TTR 614 (26 April 1974)

6 TTR 614

TRUST TERRITORY OF THE PACIFIC ISLANDS

v.

CARLOS N. LUCAS

Crim. No. 13-74

Trial Division of the High Court
Mariana Islands District

April 26, 1974

Motion for bill of particulars and for pretrial discovery and inspection. The Trial Division of the High Court, Arvin H. Brown, Jr., Associate Justice, held that defendant charged with criminal trespass and disturbing the peace was entitled to a bill of particulars stating exact location of house where alleged offenses took place, the exact time thereof, the names and addresses of all who were present and the precise manner in which, and means by which, defendant allegedly committed the offenses, and was entitled to discovery of witnesses' statements, defendant's statements and physical evidence not available to defendant or consisting of internal government documents.

1. Criminal Law - Pre-Trial Procedure - Discovery

Criminal procedure rule providing that "upon motion of the accused at any time after the filing of the information, complaint, copy of citation, or other statement of charges, the court may order the prosecutor to permit the accused to inspect and copy or photograph designated books, papers, documents, or tangible objects obtained from or belonging to the accused, or obtained from others by seizure or by process, upon a showing that the items sought may be material to the preparation of his defense and that the request is reasonable", is archaic, not in harmony with current authorities and violates existing substantive law.

2. Courts - Rules

A rule of court can neither abrogate nor modify substantive law.

3. Criminal Law - Pre-Trial Procedure - Discovery

Trial judges have inherent power to permit pre-trial discovery upon motion and hearing, irrespective of rules of court regarding the matter.

4. Criminal Law - Bill of Particulars

Defendant charged with criminal trespass and disturbing the peace was entitled to a bill of particulars stating exact location of house where alleged offenses took place, the exact time thereof, the names and addresses of all who were present and the precise manner in which, and means by which, defendant allegedly committed the offenses.

5. Courts - High Court - Function of Trial Division

Trial Division of the High Court is not an advocate in the administration of justice and must concern itself not with mere tactical advantage to be permitted one party or the other, but with the ascertainment and declaration of truth, and it cannot knowingly permit the truth to lie hidden.

6. Criminal Law - Pre-Trial Procedure - Discovery

Arresting officer's original notes were not discoverable at time of motion for bill of particulars, and were not discoverable at all in the absence of a clear showing that they should be produced.

7. Criminal Law - Pre-Trial Procedure - Discovery