The misdemeanor charges against Dr. Ugochukwu Akoma’s criminal sexual conduct charges will likely be dismissed after the Supreme Court of Guam rejected an appeal filed by the Office of the Attorney General.

In April of this year, Akoma was arraigned on two felony counts of fourth-degree criminal sexual conduct after a female patient accused Akoma of sexually assaulting her in October 2021. However, Judge Alberto Tolentino of the Superior Court of Guam declared a mistrial. as the trial was fraught with evidentiary problems.

After the mistrial, Akoma, who asserted his right to a speedy trial, was scheduled to go to trial in July, but the AG’s office appealed Tolentino’s decision to mistrial to the Guam Supreme Court.

On Thursday, about four months after the appeal was filed, the high court issued a decision and ultimately dismissed the appeal for lack of jurisdiction.

In the order Chief Justice Robert Torres and Associate Justices F. Philip Carbullido and Katherine Maraman cited Guam law and examined whether “an order of mistrial is an order granting a new trial.”

“While the People focus on the substantial similarities between the results of a mistrial and a motion for a new trial, … that analysis is ultimately immaterial,” the high court’s order Thursday said.

In addition, the justices agreed with Akoma’s argument that Guam law allows a new trial to be granted only if the defendant is found guilty.

“An order of mistrial before the jury’s verdict is not simply an order granting a new trial,” the justices wrote.

“This case was a jury trial and the court declared a mistrial before the jury returned any verdict. As such, there was no order for a “new trial” in this case as defined by (Guam law). An order granting a mistrial. before a jury verdict is not appealable under (Guam law), we conclude that we have no jurisdiction over this appeal. Therefore, the People’s Motion is rejected, the appeal is rejected,” the order states.

Following the decision, Akoma’s attorney, Joaquin “Jay” Arriola Jr., told The Guam Daily Post that the case will go back to Tolentino, who will “dismiss with prejudice.”

Arriola also added that he would seek sanctions against Attorney General Douglas Moylan after the Supreme Court declined to consider the request when it hears the appeal.