The five employees and board members of the Guam Regional Transit Authority have been cleared of all charges in the government corruption case handed down against them more than a year ago.

Defense attorneys said their clients are relieved adding the defendants should have never been indicted.

The dismissal was a result of multiple delays but the Attorney General told KUAM his office will fight it before justices in the high court.

Judge Alberto Tolentino dismissed the charges in court Thursday morning following numerous issues and delays with the case.

The latest was the appointment of a special prosecutor. That never happened.

Defendants Alejo Sablan, Jennifer Badar Cruz, Richard Ybanez, Kevin Susuico and Anthony Chargualaf were indicted in July of last year for alleged improper expenditures of government funds.

The Attorney General alleged the group used the funds to pay an interim executive manager for a position he was not qualified to hold.

Defense Attorney Jay Arriola represents former Board Chair Sablan.

“He was quite emotional that it’s finally come to an end. He did not apply to renew his chairmanship although the governor and the administration asked him to continue on,” said Arriola.

Defense Attorney Peter Santos said his client Hagat Mayor Susuico felt similarly.

“He’s off island right now. He had a one word response which is Biba, which is the universal Guam celebratory response. Biba! It connotes that you are happy and pleased about something and he is very happy and pleased about this hopefully and finally being put to rest,” said Santos.

Defense Attorney Mike Phillips added Inalajan Mayor Anthony Chargualaf feels, “relieved.”

“All the defendants had conditions placed on them and so we have two mayors and they had conditions like the others. So each time my client had to travel he needed to get the court’s permission and all of that I’m sure is a large part of the relief, but the biggest part is that they were charged and there were allegations of crimes that really from the very beginning most people think that it could not be legitimate,” Phillips added.

Parties have until Sept. 6 to argue if the case will be dismissed with or without prejudice.

In a statement to KUAM, AG Doug Moylan wrote, “I understand the Court has yet to issue its written decision. We believe that numerous errors of law had occurred prior to the Judge’s decision today. Written legal briefs were previously filed pointing out the legal errors. If the Judge has made his final decision dismissing this case, then it is now ready to bring our appeal before the Supreme Court of Guam. We believe at a minimum the Judge has no authority to replace the People’s choice of representing the People of Guam against persons the Grand Jury has indicted for government corruption.”

But the defense contends the AG is the one who caused the issue.

“The sad thing is how it dissuades others from public service. Chairman Alejo has served the board and the people of Guam in a distinguished capacity all to have it ruined. This was totally unnecessary. We are glad on his behalf and all the other hard working GovGuam employees who were just doing their jobs,” said Arriola.

“The whole purpose of today’s hearing was to hear what he is going to do with the case and instead no one shows up on behalf of his office who is qualified to show up. He sends in somebody who is brand new and with all due respect to the counsel I expressed my disappointment that she is being thrown into the fire and being treated like this,” he added. “So it’s his a** that’s under fire for prosecuting this the wrong way.”

Santos also added, “When you are not prepared and always scrambling then you are always going to end up failing.”

“The AG tries to make something out of nothing and prosecute them and indict them. It is absolutely ridiculous. I’m sure if high school students were given the fact pattern in this case, they would be able to see that this was a bogus case,” Santos said. “Right now he is able to do what he does with impunity but that’s not going to last forever. He’s not a king although he acts like it.”

“I’ll be the first to admit that there may be a backstory. But I am unaware of it. My client is unaware of it. If there is any reason for this case to be brought forward that hasn’t been made public. It remains a mystery. How could this happen? Hopefully this serves as an example that really the AG should move on to the real criminal cases and not pursue matters like this,” said Phillips.