VOL. 12, NO. 102

California State University, Long Beach April 6, 2006
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. News  
 

Arguments in refund case come to a close

By Allison Baldwin
Online Forty-Niner
Editorial Assistant



Associated Students Judiciary heard rebuttals and closing statements for former ASI Sen. Uduak-Joe Ntuk’s suit against ASI.

The hearing resumed at 12:40 p.m. Wednesday in the Senate Chambers with Attorney General Kevin Rhodes’ rebuttal of senior chemical engineering major Ntuk’s evidence. Ntuk filed a complaint against ASI March 13, saying he wanted a refund of his $88 mandatory ASI fee for the 2005-2006 term. On Monday, Ntuk presented several pieces of evidence that were thrown out and called senior marketing and psychology major David Kirsten to the stand.

During Wednesday’s trial Rhodes attempted to rebut Kirsten’s testimony against ASI and current ASI President Jamie Pollock. Rhodes said Kirsten’s testimony was not valid as evidence because his testimony was biased and he was working as part of Ntuk’s “campaign of vengeance against [his] client.” Chief Justice Nicholas Mokhlessin told Rhodes he could rebut Kirsten’s arguments but could not rebut him as a witness.

Rhodes cited a letter to the editor in the April 5 edition of the Daily Forty-Niner written by Kirsten during his closing statement. He said the letter showed Kirsten’s bias against Pollock. Ntuk objected to the mention of Kirsten’s letter because it had not been previously designated as evidence in the case. Mokhlessin sustained the objection and the article was stricken as evidence.

During his rebuttal, Ntuk defended his witness, saying he did not prepare Kirsten before he testified and he was called to show how other students felt about the student government.

“ Any student should be able to have their voice heard,” Ntuk said.

Ntuk refuted the article, “Petition to Refund $88 Student Fees Spawned From Political Agenda,” written by Amanda Parsons in the April edition of the Union Weekly, which Rhodes had entered as evidence.

In the article, David Kirsten is quoted as saying that he and Ntuk “ want to make [Pollock] look bad . . . [Ntuk] has a vendetta against her because of last year’s elections.”

Ntuk said the article was irrelevant and he had no idea it was even coming out. He said the issue lacked validity because it was an April fools issue, citing another article from the edition that called Jamie Pollock’s Chief of Staff, Bobby Godina, a woman.

“ I don’t think it’s a credible source,” said Ntuk

During his closing arguments Rhodes said Ntuk had no evidence he has personally been affected by Pollock’s actions or that ASI was responsible for the misappropriation of funds to Godina.

“ Ntuk has failed to provide any evidence that he is entitled to his money,” Rhodes said.
Ntuk closed his case, saying he filed the suit because he had lost his faith in the student government and he wanted the judiciary to uphold the integrity of the ASI.

“ That was part of my money that I put toward the institution,” Ntuk said. “I lost the privilege of using my own money.”

AS Judiciary has five days to make a decision in closed deliberation.

Pollock, who did not attend the trial, was campaigning for the ASI run-off election outside the University Student Union.

“ I think it’s a personal attack taking place during my re-election campaign,” she said. “It was meant as a distraction.”



 


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