By Johnnie Rosario
(Tumon, Guam) The Attorney General's Office is checking whether an active criminal investigation has been or will be started against retired police officer Albert "AJ" Balajadia.
Mr. Balajadia is accused of raping a boy in the late 1980s, when he first became a cop. The boy, who now is a man in his early 40s, revealed last year that he was repeatedly raped by Mr. Balajadia. Kandit helped the man to seek legal recourse by reporting the matter to the Guam Police Department, since the man does not live on Guam anymore.
Unfortunately, when the crimes happened, the criminal statute of limitations to charge for rape was only three years. In 2016 the Guam Legislature changed the law to remove the criminal statute of limitations on the most heinous forms of rape; but the Constitution does not allow ex post facto laws, so only these forms of rape crimes committed after the law passed are not subject to a statute of limitations.
However, since Mr. Balajadia is accused of committing the crimes while he was a police officer - a government employee - he may be held criminally liable for the rape under the island's official misconduct statute.
According to this statute, government employees who commit crimes during any point of their employment with the government may be charged with official misconduct up to three . years from their resignation, termination, or retirement from the government.
Mr. Balajadia retired from government service on September 27, 2019, ahead of the completion of an internal investigation into his misconduct. GPD ended the investigation upon his retirement.
Kandit today spoke with AG's spokeswoman Carlina Charfauros, who said that she will get back to us Monday on whether an investigation into official misconduct has started or will start.
Following today's Kandit story that Republican Sen. Wil Castro had introduced a resolution commending Mr. Balajadia on his retirement, Mr. Castro messaged Kandit that he had withdrawn his resolution.
However, according to both the Committee on Rules and the Office of the Speaker, no such action was taken by Mr. Castro as of 4 p.m. today. Mr. Castro's office sought to clarify with the Legislature that he had instead suspended movement on his resolution by not seeking any member's vote in favor of it and by holding a presentation date in abeyance.
"Unfortunately, when the crimes happened, the criminal statute of limitations to charge for rape was only three years. "
So does this also apply to priests?
The victim should sue. After thirty years, there is unlikely to be enough evidence for a criminal conviction, but perhaps enough for a civil judgment.
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