Court ousts GG

The National Monday, December 13, 2010

By JULIA DAIA BORE
THE Supreme Court ruled last Friday that the appointment of Governor-General Sir Paulias Matane is unconstitutional and invalid and that a new vice-regal must be appointed early next year.
It is seen as a setback for the National Alliance-led government of Prime Minister Sir Michael Somare, which had backed Sir Paulias to be appointed for a second consecutive term of six years on June 25.
Sir Michael himself heads back to court today to try to prevent the public prosecutor from referring him to a tribunal for alleged breaches of the Leadership Code (story, page 2).
In an unanimous decision last Friday, the full bench of the Supreme Court ruled that Sir Paulias’ appointment was unconstitutional.
This, according to the ruling read by Justice Bernard Sakora, was because Sir Paulias was not selected by a secret ballot in parliament as required by the constitution.
The court also found that Speaker Jeffery Nape acted unlawfully by presiding over parliament at the time when he was, in fact, the acting governor-general.
The court declared Sir Paulias would cease to be the head of state from today and ordered that parliament be recalled within 40 days to select a replacement. 
Parliament had adjourned last month to May, meaning it would now be recalled to sit earlier.
In the meantime, Nape, who is on holiday in Australia, would assume the role of acting governor-general.
Last Friday’s ruling by justices Sakora, Elenas Batari, David Canning, George Manuhu and Sao Gabi did not make it clear whether documents signed by Sir Paulias, since June 25, were deemed null and void.  However, the Supreme Court ruled: “It follows that all decisions made in reliance on that unconstitutional and invalid nomination are, likewise, unconstitutional and invalid.” 
The court was also critical of MPs’ actions on the floor of parliament on June 25, saying: “When leaders fail to discharge their obligations, they set a poor example for everyone else and the rule of law is at risk.”
The validity of the election of Sir Paulias had been challenged by way of a Supreme Court reference by Morobe Governor Luther Wenge and the Morobe provincial government.
The court granted the following declarative orders for the fresh processes to be conducted towards the election of new vice-regal:
*The appointment of Sir Paulias on June 25 was unconstitutional and invalid;
*Sir Paulias shall cease to hold office as governor-general at noon today;
*Speaker Jeffery Nape will be acting governor-general accordingly, subject to section 95 of the constitution;
*Deputy Speaker Francis Marus to, as soon as practicable, call a meeting of parliament within 40 days to nominate the next governor-general; and
*All proposals, votes, decisions and other processes made or conducted in May and June this year, in connection with Sir Paulias’ appointment, were a nullity and shall not be relied on.

Soldier to stand trial

By JULIA DAIA BORE

A SOLDIER from Enga will stand trial for allegedly murdering a man two years ago, The National reports.
Deputy Chief Justice Gibbs Salika ruled yesterday that there was sufficient evidence to try Becko John Naipao, 38, when rejecting a no-case submission.
“The accused was with the deceased before he was found dead with stab wounds. 
“Who killed him? 
“No-one seems to know. 
“There is no one but this accused who might know, so I find that he  has a case to answer,” Salika said.
Naipao had admitted to the court that the deceased, George Kolap, was with him and another man Robert Waikale (who has since not come out to give evidence) and they had been drinking prior to him being found dead with knife wounds to his body on May 24, 2008. 
He told the court he had no knowledge of who and how Kolap was killed. 
Naipao  said he was asleep on the seat opposite the driver’s seat and Waikale, who had reversed into another vehicle. 
The sound of a loud bang woke him up. 
Upon seeing his vehicle damaged, he was angry and started throwing punches at Waikale who jumped out of car and ran away. 
He said he heard someone say that Kolap who was seating at the back seat of the car was coming out with a knife. 
Naipao, hearing that someone was coming for him, had gone around to the back of the vehicle and pushed Kolap back into the vehicle before lifting him up by his shirt’s collar and the trousers and threw him out of the vehicle. 
He then drove off. 
Naipao also told the court that when he threw  Kolap out of the vehicle, he had held onto the knife and described the knife to be about two to three inches long. 
He said he was not responsible for Kolap’s death. 
The court adjourned the matter to next Monday.

Student guilty of cult killing

 

By JULIA DAIA BORE

A STUDENT, who pleaded guilty to taking part in the bashing to death of a fellow student two years ago, told the court yesterday he thought he was initiating the deceased into his “cult group” and did not mean to kill him, The National reports.

The student asked Deputy Chief Justice Gibbs Salika for mercy, saying he wanted to continue his schooling.

Salika slammed authorities for allowing such practices to prevail.

He described the practice of “generation system” as one of the many cases of the government’s school system “falling apart” and “going back to the dark ages”.

“There is a need for a big overhaul in our education system,” Salika told a packed Waigani courtroom yesterday morning.

He said an overhaul was needed to ensure discipline and order within schools.

“The (education) system is falling apart; schools’ boards of governors do not seem to care whether their schools have strict rules and guidelines for students to follow.”

Salika said: “There is no parental guidance of students; no parental discipline of their children in homes. The system, everything has gone (backwards) to the dark ages.”

Many students from selected schools in the NCD were brought into court to see and hear for themselves the consequences of being part of the “generation system” or the cult of paitim bros, what could go wrong and the punishment that awaits.

The judge was hearing the final submissions on sentence for a Grade 11 student in an NCD school who had, two years ago, allegedly killed a Grade 6 student, aged about 12 or 13, while trying to initiate him into the “skelim bros” cult group.

The accused student is a son of a policeman.

When asked what he wished to say, the student pleaded “guilty” to the charge of one count of manslaughter under section 302 of the Criminal Code Act.

The offence was committed on Friday, April 27, 2007, between 10am and noon at Rainbow near Gerehu.

Court documents indicated that the accused was in the company of two others when the killing occurred.

On that day, the students had all skipped classes and were drinking homebrew. Afterwards, they held the victim’s hands behind his back and took turns punching him on his chest. The victim was knocked unconscious and, later, pronounced dead at the Port Moresby General Hospital.

Prosecution lawyer Miglshi Giruakonda said cult practices were prevalent in high schools and senior high schools throughout the country.

“These psychological, demonic and satanic practices have compromised the future of our elites.

“It is time for all stakeholders to join forces and fight this evil that has taken over our schools.”

Dick Korowa Kipoi, counsel for the accused, asked for a wholly suspended sentence because the accused was sorry for his actions.

A decision on sentence is expected next Thursday.

Rape, incest laws weak, says judge

June 24, 2010- The National 

By JACOB POK

A SENIOR judge yesterday expressed disappointment over the inadequate penalty for those found guilty of committing rape and incest.
Waigani National Court’s Justice Panuel Mogish said such offences were serious and had carried a maximum penalty of life imprisonment but Parliament, in its own wisdom, cut it down to a maximum seven years. 
“For Parliament to reduce the maximum penalty from life to seven years is a huge reduction. Incest is a very serious offence and I don’t know who advised Parliament at that time to adjust the level of penalty,” Mogish said.
He said numerous calls were made over the years for Parliament to review the penalty but to no avail. Mogish said the calls for review “fell on deaf hears.”
“Parliament should read some court judgments on incest cases and make some changes on the level of penalty as the matter is serious,” the judge said.
He told state lawyers to ask the public solicitor to write to the justice minister and attorney-general on the matter.
Mogish raised the concern when lawyers made submissions on sentences on the matter of the state versus Chris Paru Bei.
Bei, 46, of Central’s Nabuapaka village in Kairuku, was found guilty of sexually assaulting his two biological daughters. 
Bei was charged with two counts of rape and incest under section 223(1) and 229A(1) of the Criminal Code.
Bei assaulted one daughter on Sept 21 last year and the other on April 9, 2007.
Both girls were teenagers when they were abused. 
Defence lawyers submitted that although Bei was found guilty, the matter was not serious because there was no evidence of pregnancy and sexually transmitted disease.
They submitted that Bei was also a first-time offender and the court should impose a lesser penalty.
But state lawyers argued that there was a total breach of trust because the victims trusted the assailant who was their father.
They submitted that the matter was serious and Bei should be given the maximum sentence.
Mogish adjourned the matter to today for a ruling.

Court rejects miner’s bid

June 20, 2010- The National 

By JULIA DAIA BORE

THE National Court last Friday threw out Simberi Gold Ltd’s (SGL) application to repossess its shipload of heavy machinery impounded by Papua New Guinea Customs.
SGL made the urgent application before Justice Mark Sevua in Waigani, seeking leave for review against the impounding of its ship by customs (of the Internal Revenue Commission).
The ship is laden with heavy mining equipment and machinery that included trucks and mine supplies.
Sevua told the parties to first exhaust all avenues for consultation.
The court heard that the ship, berthed at Rabaul’s Simpson Harbour wharf, was now under the possession of customs because the heavy machinery and equipment were not legally declared.
Sevua told the parties they had yet to exhaust all avenues for consultation before referring the matter to court.
He then directed SGL to do so by sorting out the required and lawful declarations and payment of the excise duties for the undeclared goods on board the impounded vessel.
“SGM can sort this out with the IRC commissioner-general Betty Palaso first,” he added.
Sevua dismissed SGL’s urgent application and proceedings against the customs.
SGL is located in New Ireland’s Tabar group of islands.

Court asked to lift ban on Finance report

June 10, 2010- The National 

By JULIA DAIA BORE

THE National Court has been asked to lift the ban placed on the implementation of the recommendations of the Commission of Inquiry into the Department of Finance and Treasury.

Since the inquiry report was tabled in Parliament in March, a judge had placed a ban on its publication and implementation of its recommendations.

Justice Bernard Sakora issued this ban while granting leave for a judicial review, following an urgent application by former solicitor-general Zachery Gelu and lawyer Paul Paraka.
Justice Sakora made the decisions in Alotau, when he was on circuit there.

Appearing for the state before Justice Mark Sevua on Monday, Scholastica Nepel of Jerowai Lawyers, argued that the interim injunction stopping further dealings of the final inquiry report was “an encroachment” by the judiciary into the prerogative role of the executive arm of the government who had instituted the Commission of Inquiry into the Finance Department.

Nepel said the Prime Minister presented the report in the national Parliament on March 4, 2010, and this was to be followed by the implementation of the recommendations of the office of the Chief Secretary Manasupe Zurenuoc.

She said there were irregularities in the orders granted by Justice Sakora on March 6, and the orders should be set aside.

Nepel submitted that when the leave application seeking the interim injunction was made and granted in Alotau, there was “no returnable date’ set in the orders that were granted which is a National Court rules requirement when dealing with interim injunctive orders against another party.

In response, lawyers for Paraka and Gelu submitted that there was an urgency which prompted their client to seek the interim injunction.
They said there was an intention to publish excerpts of the final report in a Sunday newspaper, which prompted them to take urgent action on March 6 before Justice Sakora in Alotau.

OSL hearing to go on

May 11, 2010- The National 

By JACOB POK

THE Supreme Court has ruled that the National Court should continue to hear the case between Oil Search Ltd (OSL) and Mineral Resource Development Co Ltd (MRDC) over share claims.
OSL appealed to the Supreme Court, challenging a National Court ruling that refused to dismiss the proceeding instituted by MRDC.
The Supreme Court ruled that the matter should return to the National Court for hearing on the basis that the material and arguments put before the primary judge was in sufficient and the judge had erred when he dismissed the application by OSL.
MRDC and Mineral Resources Enga (MRE) initially commenced proceedings as plaintiffs against OSL in the National Court, claiming a tax credit under a share sales agreement and a deed of assumption and release.
OSL then applied by motion for dismissal of the proceedings on the basis that the proceedings were time-barred under section 16(1) of the Frauds and Limitations Act.
OSL argued that MRDC and MRE’s cause of action were “founded on simple contract” and failed to commence the proceedings until more than six years after the course of action accrued.
However, the National Court dismissed OSL’s motion on grounds that MRDC and MRE’s proceedings were “an action upon a specialty” in which there was a 12-year limitation period under section 16(3) of the Frauds and Limitations Act and the proceedings had been commenced within that period. 
OSL pursued the matter as appellant in the Supreme Court and appealed against the dismissal, arguing that the primary judge had erred by finding that the course of action was founded on a clause in the deed and not merely the share sales agreement and also by finding that the deed is a “specialty”.
The matter went before a three-judge bench comprising of Chief Justice Sir Salamo Injia, Justice David Cannings and Justice Colin Makail.
While going through the matter, the judges agreed that the primary judge did erred when he dismissed OSL’s application. 
The judges said: “We have had the benefit of detailed and carefully researched written submissions that were not available to the primary judge. 
“However, having considered the circumstances in which the motion for dismissal was argued before the National Court, we consider that the primary judge was led into error ….”
The Supreme Court, therefore, ordered that the appeal by OSL shall be allowed to be reheard in the National Court.

Man jailed for murder

March 31, 2010- The National

By JACOB POK

A 20-YEAR-old man was jailed for 20 years with hard labour by the National Court for robbery and murder in 2006.
Lukas Kolap, from Anawe village, Enga province, admitted hitting Baibal Pewaipa, 60, on the head with a hammer several times before taking K600 on Aug 24, 2006.
When provided the opportunity to address the court, Kolap said: “I want to say sorry before God in Heaven. I respect the decision of the court. I also apologies to the relatives of Mr Pewaipa.
“ I would like to ask the court to have mercy on me. That’s all.”
Kolap’s lawyer told the court in mitigation that his client had been in custody since April 5, 2008, and was a first-time offender who had expressed remorse. 
Justice Graham Ellis said: “This was undoubtedly a vicious attack on an old man by a young man. 
“The message you have learnt is that if you kill someone by hitting him with a hammer or an axe or bush knife, then you can expect to go to prison for 20 years or more.
“It is a pity that message does not seem to get through to people like you until after someone has died. 
“If people would hear and remember the message before using a weapon to kill someone, then there would be fewer coming before the court to be sentenced, fewer victims being rushed to hospital, fewer families mourning the loss of a loved one and a safer community for everybody.”
Justice Ellis then sentenced Kolap to 20 years in prison with hard labour but deducted two years for the time he had spent in custody.

WHP by-election recount results before court

March 31, 2010 - The National 

By JACOB POK

THE final results of the recount of the Western Highlands provincial seat by-election have been brought back to the National Court for its final determination. 
Lawyers of petitioner Paias Wingti and Tom Olga went to court on Monday to seek the courts determination on the final results but the petitioner’s lawyer submitted that there were still inconsistency with the outcome of the results and new motions would be filed to argue on the results. 
Justice David Cannings issued directions for the parties to file motions and return to court and make submissions but the matter was further adjourned to next month after parities where not prepared to make submissions yesterday.
Mr Olga’s lawyer, Harvey Nii, asked if the court could make a ruling on the decision of the Supreme Court that ordered the recount before hearing other motions. 
Mr Nii said the recount, as ordered by the Supreme Court, had already been conducted and the court should declare the person with the highest votes as the winner. 
He further told the court that their application on that should be heard first as the petitioner’s application would depend on the outcome of their application. 
But the petitioner’s lawyer, David Levy, opposed that his client’s motions be heard first as they were still not satisfied with the outcome of the final results of the recount.
The petitioner’s motion will argue that the results of the recount were different from the figures of the previous recount held in Mt Hagen.  
Justice Cannings told parties that he was prepared to hear motions from parties but the court had not receive any motions or applications from parties as yet.

Baki takes NEC to court

March 17, 2010- The National

By JACOB POK

POLICE Commissioner Gari Baki has gone to court challenging a National Executive Council decision to appoint Tony Wagambie as acting deputy police commissioner operations.
The move by the head of the police hierarchy came days after a bench warrant was issued for his arrest after failing to appear in court on numerous occasions to answer contempt charges taken out by Mr Wagambie on allegations of defying a National Court order last year to install him as acting deputy police commissioner operations.
Although Mr Wagambie is now on the job he was fighting for, he still pursued the contempt charges against Mr Baki because of the long delay and failure to attend court and act on court orders.
Cabinet’s appointment of Mr Wagambie as acting deputy police commissioner operations was gazetted last March 27 but was not effected until recently while the contempt charges against Mr Baki were pending in court.
Mr Baki voluntarily appeared in court on Monday and the bench warrant was set aside.
He was put on bail.
In a new twist of events yesterday, Mr Baki appeared before National Court judge Justice Ambeng Kandakasi along with private lawyer Jacinta Murray of Murray Lawyers, foregoing State lawyers, to seek a judicial review of the NEC decision.
However, Justice Kandakasi ruled in court yesterday that the application for review was related to the same issue that had led to the contempt proceedings.
As such, he said the matter would be discussed at the substantive hearing, slated for April 15.
He said the contempt proceedings had to be dealt with before other matters.
Also this week, former deputy police commissioner Geoffrey Vaki, who was sidelined on allegations of abusing a woman, was recalled to his position.
Media reports said a minute, dated March 12, from Mr Baki to Mr Vaki directed that the latter take up the job no later than 8am on Monday, March 15.
The minute also advised that Mr Wagambie will return to his job as commander Southern region.

State to pay K585,000 for police negligence

February 23, 2010- The National 

By JACOB POK

THE National Court in Madang has recently ordered the State to pay more than K580,000 in damages to a Madang- based medical doctor and his family as a result of deliberate police negligence and failure to protect the doctor’s properties during a raid in 2006.
Dr Alois Kawa had several of his properties destroyed in a raid by settlers of Gum village in the outskirts of Madang. 
The properties destroyed included his residential house, a guest house, a vehicle, a workshop, a restaurant which include a guest bar and canteen, and other personal effects.
Prior to the raid in 2002, Dr Kawa had been in conflict with the villagers and obtained a National Court order in 2004 restraining the villagers from entering his premises and threatening or intimidating him and his family. 
The court was told that Dr Kawa delivered the order to the local police and asked them to serve it on the villagers but the police failed to deliver and enforce the order, which later resulted in the raid. 
Dr Kawa was also assaulted and sustained severe injuries during the raid.
Dr Kawa instituted proceedings in 2008 against the commissioner of police and the State for the negligence of police. 
He claimed damages during the raid totalled K19.5 million. 
While assessing the amounts claimed, Justice David Cannings found that Dr Kawa had failed to mitigate his losses properly.
Justice Canning said the amounts sought for each property were too high and contradictory to the evidence brought before court.  
The Judge used the courts discretion to reassess the damages and determine an appropriate sum.
Justice Cannings ordered that Dr Kawa be paid K441,000 and a further K144,648 for interest.

Due process followed: Ombudsman Commission

February 10, 2010 - The National 

By JACOB POK

LAWYERS for the Ombudsman Commission told the National Court yesterday all due processes were followed in the referral of Treasury and Finance Minister Patrick Pruaitch for alleged misconduct in office.
The commission is in court to defend the referral following a challenge mounted by Mr Pruaitch and his team of lawyers.
Mr Pruaitch is seeking an injunction to stay the direction of the commission to refer him to face a leadership tribunal over allegations of misconduct of office.
Last week, Chief Justice Sir Salamo Injia announced, following a decision of the Public Prosecutor to refer the minister, the appointment of a leadership tribunal to inquire into the allegation of misconduct against the Treasurer.
Mr Pruaitch decided to fight this and has hired law firms Young and Williams and Steeles Lawyers to represent him.
His legal team is saying Chief Ombudsman Chronox Manek had exceeded his jurisdiction when he referred him to the Office of the Public Prosecutor and later to the Chief Justice to convene a leadership tribunal over the allegations of misconduct. 
Lawyer Greg Sheppard alleged that the referral by Mr Manek was not proper as his client was not given ample opportunity or the right to be heard. 
He said there was certain breach of the Organic Law and breach of natural justice.
Mr Sheppard added that section 20, subsection 3 of the Constitution which refers to the duties and responsibilities of leadership was breached when the directions for the referral of Mr Pruaitch was instituted.
But lawyer assisting the Ombudsman Commission, Virgil Narokobi, asked that the entire proceedings be dismissed for abuse of process because the Ombudsman Commission had exercised its constitutional powers to refer leaders.
Mr Narokobi argued that the three different constitutional offices, the Ombudsman Commission, the Public Prosecutors and the Chief Justice had followed set procedures and exercise their powers in accordance with the Constitution. 
He said the directions issued by the three offices was final, describing their authorities like “a water that flows out of the tap and cannot be sent back to the tap”.
Mr Narokobi said Mr Pruaitch was issued 11 allegations of misconduct but three of the charges were dropped when Mr Pruaitch gave his position and only eight allegations were upheld.
Mr Sheppard argued that there were also new allegations raised and Mr Pruaitch was not given the right to be heard. But Mr Narokobi rejected this.
Presiding judge Justice Ere Kairiko adjourned the matter to Friday for a ruling. 
Those present with Pruaitch in the court house include Forest Minister Belden Namah, Minister for Communication Patrick Tammur and Police Commissioner Gari Baki.

3 warders held over jailbreak

January 26, 2010- The National 

By JACOB POK

POLICE arrested three Correctional Services officers yesterday in connection with the escape of alleged bank robbery mastermind William Kapris and 11 other dangerous prisoners.
The three warders were taken to the Boroko Police Station and locked up yesterday.
They were questioned by police investigating the Jan 12 escape by the 12 from the maximum security unit at Bomana jail outside Port Moresby.
The three warders have been charged under Sections 138 and 140 of the PNG Criminal Code with aiding and abetting the escape of the prisoners.
National Capital District metropolitan commander, Supt Fred Yakasa, confirmed yesterday afternoon that the three men had been arrested and locked up at the Boroko police cells for questioning while more investigations were still being carried out.
He said two of the officers were the ones manning the maximum security unit gates at the time of the escape, while the third was the one who had called the two officers to tell them that a lady, a human rights “lawyer”, was on her way to visit a prisoner client.
Supt Yakasa said police believe the three officers had breached all security procedures of the CS.
“The permission to allow visitors into the maximum security unit only comes from three people: the deputy Correctional Services Commissioner (Operations), the Correctional Services Commissioner, or a National Court judge who heads criminal matters. None of these people gave that permission,” Supt Yakasa said.
He said the officers manning the maximum security unit at the time were senior officers who had been in the job for a long time and should have had vast knowledge of the security and visitation 
procedures.
“We believe it is a planned thing, as there was a clear breach of security. The officers know very well that they cannot act upon orders from elsewhere unless it’s from the three authorities,” Supt Yakasa said.
He said the three officers would be thoroughly questioned about their alleged involvement and that of others.
He said the names of the three warders could not be disclosed at this stage as investigations were still in progress. They will appear in committal court today.
Kapris and 11 others were sprung from the jail on Jan 12, allegedly by a female who posed as a lawyer for one of the prisoners. She allegedly slipped through a gun, which the prisoners used to detain the warders before they escaped. None of the prisoners nor the female “lawyer” have been captured.
Police are offering a reward of K10,000 for the capture, or information that could lead to the capture of the 12.

Court guard wins wrongful dismissal case against NJSS

January 26, 2010- The National 

By JACOB POK

THE WAIGANI National Court has ordered the Magisterial Services to reinstate a former security guard who was sacked in 2005.
Prai Ipandi, the plaintiff, was engaged by the National Judicial Staff Service (NJSS) as a security guard in February 1992. 
The court heard that Ipandi was made a permanent officer with the NJSS in June 1999. 
At that time, the NJSS was responsible, under the NJSS Act, for providing administrative support to the Supreme Court, the National Court and the District Courts. Mr Ipandi was transferred to the Magisterial Services to work there when the administrative support system for the district courts were separated from other courts in 2003.
The court heard that Mr Ipandi was charged with some disciplinary offences in 2005 and the director of Magisterial Service dismissed him. 
Aggrieved by his dismissal, Mr Ipandi applied for leave to seek judicial review of the director’s decision and leave was granted. A further trial was conducted.
Mr Ipandi’s main grounds of argument were that the director had no power to charge or punish him, as he was still an officer of the NJSS and could only be charged and punished by the secretary of the NJSS.
He also argued that the notice of charges laid on him was so vague and confusing that he was denied natural justice. 
Justice David Cannings found that there was overwhelming evidence to prove that the magisterial services director had no power to lay charges and order the sacking of the plaintiff. 
Justice Cannings said Mr Ipandi had been denied natural justices as the disciplinary charges were vague and confusing and made no grammatical sense. He found that there was no formal description or explanation of the charges, which left Ipandi confused when he was sacked. 
Justice Cannings ordered the director of the Magisterial Service to reinstate Mr Ipandi to his former or equivalent position in the Magisterial Services within 30 days. 
He also ordered that his pay and other entitlements be backdated to Oct 5, 2007.

Woman 'lawyer' frees 12 hardcore prisoners

January 13, 2010- The National 

By JACOB POK 

A WOMAN “lawyer” aided the daring escape of 12 high risk prisoners, including bank robbery suspect William Nanua Kapris from the Bomana Maximum Security Unit in another hostage situation yesterday morning.

Kapris and five others, regarded as dangerous, had been involved in series of major robberies.

Besides Kapris, the others are Oliver Ben Gabi, Ben Nom, Elizah Tingal, Kito Aso and Don Aka.

The other escapees were from the main compound who were temporarily housed at maximum security.

They included John Siko Wel, who was sodomising young prisoners, James Pari, who is a serial rapist jailed for the rape and murder of a woman pilot in Lae several years ago, Peter Plesman, Greg Varvar, Duma Korowa and Raphael Walimini.

Plesman, Korowa and Walimani are on death row, or condemned detainees.

The escape drama started at the Port Moresby General Hospital at about 8.30am where a detainee, accompanied by three warders, was being treated for epilepsy.

Two warders were with the prisoner while the driver, who was in the vehicle, was held up by armed men who blindfolded him and took him hostage to a hotel room.

There he was forced to call the Maximum Security Unit guards to inform them to expect a female human rights lawyer (named) from a law firm to visit prisoner John Siko Wel.

Correctional Service Commissioner Richard Sikani said the daring escape in a hostage situation was aided by this lone woman in a clear breach of established security procedures on which visitation is granted only by the Commissioner, deputy commissioner (operations) or the courts.

Mr Sikani said the woman pretended to act as a human rights lawyer and went straight to the MSU in a blue vehicle where she delivered a letter to the guards and passed through the main gate.

He said the letter was a request letter to the officer in charge of the MSU, seeking entry to give legal assistance to the prisoner Wel.

Mr Sikani said while she was inside the prison, a guard assisted her into the visitor’s section where the prisoner was called out to meet her.

He said they sat and talked at a round table for a while and then the woman lawyer moved her chair and bent forward and in that instance passed a pistol to Siko Wel who held up the guard and ordered the other guard to unlock the cell gates and emptied the entire facility of its 12 prisoners.

He said they then made their way out of the main gate and escaped in the vehicle with the woman at around 10.33 am.

Mr Sikani said his office and police were informed of the escape an hour later at 11.30 am.

This is the second escape of robbery suspect Kapris Nanua who pulled off a similar escape in 2006 where he used a doctor to write that he was very sick and a lawyer wrote to prison officials persuading them to release him for treatment where he escaped when in hospital.

Mr Sikani has reported the matter as high priority to the National Security Advisory Committee who will be meeting today to institute an independent investigation while the CS will carry out its own.

He said all the ports and airports are now being monitored by police and Correctional Service officers and appealed to the community to help report suspicious looking people.

Mr Sikani also asked the public to take precaution and for cooperation in reporting in the escapees.

Wagambie: I am ready to respond

January 6, 2010- The National 

By JACOB POK

Senior police officer Tony Wagambie, who has been denied from taking office as the acting deputy police commissioner after winning a court battle, said he was prepared to respond to the seven disciplinary charges imposed on him by Police Commissioner Gari Baki.  
The charges were prepared in October last year, but were served on him shortly after he won the court battle last month. 
He had questioned the serving of the charges, saying that they should have been issued straight after it was prepared but was prolonged and served on him until he won the court battle that ordered his reinstatement as the acting deputy commissioner of police. 
Mr Wagambie said he was given 14 days to respond to the charges and would soon respond to them after finalising some of the responses. 
He said he had also instituted contempt of court proceedings against Mr Baki for not complying with court orders that ordered his reinstatement and the matter was still pending in court. 
“Each time Mr Baki failed to endorse the court orders, it amounts to contempt of court,” he said.