8 GCA § 50
38 when an indictment is returned, a transcript is made, copies are furnished to
View official PDF ↗the prosecutor and the defendant and the original is filed generally as a public record. Second, the list of persons in Subsection
(b)does not include a witness. A witness is, of course, only present during his testimony and no purpose would be served in imposing a rule of secrecy upon him. Note, however, that an attorney of a witness is subject to the rule. Only the witness may divulge what he said although he may, of course, make such disclosure through his attorney. Finally, a further exception is provided by Subsection (c). Even though no indictment is returned, a record of the proceedings will have been made. See § 50.38. Such record may be useful to the prosecutor or the defense in subsequent proceedings arising out of the same or related activities involved in the hearing in question, as well as to other law enforcement officials, investigators, and others concerned with related activities. The possible situations are too numerous to provide for in great detail. However, the statute makes clear that good cause must be shown and the proceedings may, and generally should, be held in camera to prevent premature or unnecessary disclosures. In ordering disclosure, the court may, of course, limit the material disclosed, the persons to whom disclosure may be made, and the use to which the materials disclosed may be put. The COL050108 CH. 50 GRAND JURY court should take special care to avoid the risk of physical harm, intimidation, reprisals and unnecessary embarrassment arising from such disclosure. It should be noted, however, that Subsection
(c)is not a limitation on disclosure pursuant to § 50.38.
Reconstructed from the Guam Code Annotated. For the authoritative version, see the official PDF.