Refusal to Appear or Testify

(a)Any person not subject to this Code who:

(1)has been duly subpoenaed to appear as a witness or to produce books, records or other evidence before a court-martial, military commission, court of inquiry, or any other military court or board, or before any military or civil officer designated to take a deposition to be read in evidence before such a court, commission, or board; and

(2)has been duly paid or tendered the fees and mileage of a witness at the rates allowed to witnesses under § 63724.11 of this Code; and provided; and

(3)willfully neglects or refuses to appear, or refuses to qualify as a witness or to testify or to produce any evidence which that person may have been legally subpoenaed to produce, is guilty of an offense against Guam and may be punished by fine not to exceed Five Hundred Dollars ($500) or confinement not to exceed sixty

(60)days in jail, or by both fine and confinement, and such witness shall be prosecuted in the Superior Court of Guam.

(b)Any prosecution under this section shall be by the Attorney General of Guam after submission of a complaint to him by the presiding officer of a military court, commission, court of inquiry or board.