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RUEHKN/AMEMBASSY KOLONIA 2691

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 
 
------------------------------- 
 
 
 
¶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 
 
KOLONIA 00000099  002 OF 003 
 
 
police then released the teenagers and refused to investigate 
further. 
 
 
 
Police and the Traditional Response 
 
-------------------------------------------- 
 
 
 
¶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 
 
--------------------------------------------- ---- 
 
 
 
¶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 
 
KOLONIA 00000099  003 OF 003 
 
 
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 
 
------------ 
 
 
 
¶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