Ex-Utah businessman again fails to show

PROVO — For the fourth time this year, former Utah businessman David Ioane Kali failed to show up at a 4th District Court proceeding to address allegations that his now defunct company dumped dangerous levels of lead and zinc directly into the Orem water system over three years.

Defense attorney John Walsh argued once again that Kali is in Hawaii battling illness, due to a heart attack he suffered several months ago. According to Walsh, Kali is forbidden to travel by doctor's order, which recommends that the 65-year-old remain within an hour's drive of a quality medical facility at all times.

A representative for the Utah Attorney General's Office, however, argued that another doctor found Kali is healthy enough to travel.

Judge Anthony Schofield directed that Kali be present for a felony first appearance on Jan. 14 or a warrant will be issued for his arrest.

The Utah Attorney General's Office charged Kali with five counts of unlawful discharge of pollutants, all third-degree felonies. If convicted, Kali, who operated Aseptic Services from 1998 to 2001, faces up to five years in prison on each count.

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