Wed. Jan 29th, 2020

Appellate Court strikes out appellant’s motion in Otong case

Appellate Court has issued an order striking out the motion filed by appellants Augustino Blailes and party on November 20th, which asked the Appellate Court to restore its earlier decision to stop the Trial Court’s order banning funeral and burial of Ebil ra Otong of Ulimang hamlet on Otong clan properties.

Appellate Court in its latest order states that the “case was not before this court. Again this matter is not before the Court because Appellants have not appealed the underlying decision” and struck it out.

Three months into the issue of whether or not to hold a funeral of Ebil ra Otong Ereong Remeliik at the Bai ra Ulimang and bury her remains on the odesongel of Otong and the matter seems to have become more mired in legal technicalities.

Funeral and burial of Ebil ra Otong earlier announced for September 21, 2019, was stopped when a court order was issued by Trial Court granting to Paulus Ongalibang and his faction, a Preliminary Injunction barring the funeral and burial of Ereong Remeliik at Otong clan properties.  Augustino Blailes and his faction appealed the Trial Court order in Appellate Court.  Appellate Court ruled that the Trial Court erred in its order by not considering harm to both sides and ordered Trial Court to reconsider its decision in light of Appellate’s order and gave Trial Court 30 days to correct its order.  On day 30, Trial Court issued an order reinstating its earlier order which still banned funeral and burial on Otong properties.  A day later, Augustino Blailes and his party filed a motion asking Appellate Court to reinstate its earlier order staying Trial court’s earlier order.

Yesterday, Appellate Court responded to Augustino Blailes and his faction’s motion by striking out their motion saying that the underlying case was not before it and thus was struck out.

Meanwhile, Ebil ra Otong remains at the morgue going on 3 and half months since her passing. (L.N. Reklai)