Maladina goes to Supreme Court to stay Lelang’s reinstatement order

The National – Thursday, June 23, 2011

By JACOB POK
PUBLIC Service Minister Moses Maladina has filed a Supreme Court application to stay a National Court order that ordered the reinstatement of Joseph Lelang as secretary of National Planning and Monitoring.
The National Court last month ordered the National Executive Council to take necessary steps to look into Lelang’s contract of employment and decide on whether Lelang should be reinstated.
The court ordered the NEC to decide within 14 days and that failure would result in Lelang taking office as secretary. 
The NEC failed to meet within the 14 days and that resulted in Lelang taking his substantive position as secretary.
Yesterday, lawyer as­sisting Maladina, Arnold Amet Jr, filed a Supreme Court application to stop Lelang’s reinstatement on the basis that Lelang, among others, was accused of a criminal offence and that matter be sorted out before Lelang could take office.
However, Lelang’s law­yer, Philemon Ko­rowi, told the court he needed time to look through the stay application and the affidavit in support in order to make a response.
Presiding judge, Chief Justice Sir Salamo Injia accepted and adjourned the matter to tomorrow, giving time for Lelang’s lawyer to go through the application and prepare his response.
Lelang is also facing criminal charges and the matter is pending before the committal court.
He is alleged to have broken into his own office soon after his reinstatement and stealing confidential files.
At that time the office was under the care of acting secretary Ruby Zariga. 
He was charged with breaking, entering and stealing.

Manwau wins poll case again

The National – Monday, June 20, 2011

By JACOB POK
THE Waigani Supreme Court has again declared Dr Moses Manwau the legitimate winner of the Wewak Open seat in the 2007 national election. 
A three-man bench of Deputy Chief Justice Gibbs Salika, Justice Ambeng Kandakasi and Derek Hartshorn deli­vered the decision last  Thursday.
Manwau took over as Wewak MP from Jim Simatab last year through an election petition challenge where the court ordered a recount of votes and declared Manwau the winner.
Simatab challenged the court’s decision under the slip rule application on the basis that the court had made errors in its decision and should correct those errors. 
He asked the court to reverse its decision and find out whether it acted without jurisdiction. 
Electoral Commissioner Andrew Trawen, PNG Electoral Commission and Martin Maingu, the returning officer for Wewak open electorate, were named as party supporting Simatab’s application while Manwau opposed the slip rule application. 
The court had to apply the principles governing the slip rule application and the Supreme Court Act to establish whether it had acted without jurisdiction or caused any errors. 
The three-man-bench affirmed there was no error and that they were satisfied that they were entitled to make the declaration of Manwau as the winner for the seat pursuant to the results of the recount of votes.
The judges were satisfied that the slip rule principles were followed and that there was no error in their decision. 
They declared Manwau the legitimate winner of the Wewak open seat. 
Outside court, a satisfied Manwau said justice had prevailed.
But he challenged the electoral commission to conduct elections properly and fairly. 
He said the Electoral Commission must be transparent and must accomplish its aim for a free, far and honest election process in order to avoid such court battles. 
He said he had been in and out of court for the past four-and-a-half-years when he should have been serving his people.
“This election petition is one of the long, turbulent and painful petitions.
“Now I have only six months to be in parliament before the next election and cannot not do much for my people in the electorate,” Manwau said.

NHC boss ordered to appear in court

The National – Friday, June 17, 2011

By JACOB POK

THE acting managing director of the National Housing Corporation (NHC) and its legal officer were on Wednesday ordered by the Waigani National Court to appear in court today. The court ordered that failing to appear would result in contempt charges.

The matter arose from a dispute over a property in Port Moresby. 

The plaintiff in the matter, Mokonda Rema, had claimed that NHC had been accepting rental deduction from the property, a house on Paga Hill, when the house was alleged to have been sold to former chief secretary  Isaac Lupari. 

Rema  argues that he was still paying rentals to NHC without knowing that the property had reportedly been transferred to another person.

Rema’s lawyer told the court that NHC’s acting mana­ging director Tarcissius Muganaua and its legal officer had failed to co­operate in resolving the issue.

In addition the lawyer said NHC had  not been assisting the court despite being advised to do so on numerous occasions.

The matter was  before Justice Ambeng Kandakasi who ordered that all concerned must  at­tend court.

Kandakasi said he understood that the acting ma­naging director and the legal officer had generally failed to co­operate to assist the court in the matter. 

It is understood the NHC is under the care of Muganaua after former managing director Paul Asakusa was dismissed.

State lawyers want PM out

The National – Wednesday, March 23, 2011

By JULIA DAIA BORE and JACOB POK
STATE prosecutors yesterday asked the leadership tribunal to dismiss Prime Minister Sir Michael Somare from office.
The tribunal yesterday heard arguments on penalty for the prime minister after he was found guilty on Monday of 13 counts of official misconduct. Sir Michael had failed to properly lodge his financial returns between 1994 and 1997.
However, the prime minister’s legal team argued that the charges against Sir Michael did not warrant the penalty of being dismissed from office. They, instead, asked that monetary fines be imposed on the prime minister, indicating K500 for each of the 13 offences. 
The prosecuting team senior lawyer Pondros Kaluwin submitted to the tribunal: “Grand Chief Sir Michael Somare is the chief executive of the land. 
“The greater the power, the greater the obligations of the person holding that powerful position and the powers he holds is not meant for his own honour and fame; much less is it for his aggrandisement (enhancement).”  Kaluwin said the powers entrusted in the prime minister were for the betterment of all PNG citizens.
Sir Michael’s overseas counsel Ian Molloy argued: “The misconduct itself, and the reasons for the misconduct, did not support a finding of serious culpability (intentions/responsibility or guilt in committing such an offence). 
“On the contrary, they support a finding that there was no serious culpability.
“Having regard to the nature of the proven misconduct, the reasons for its occurrence (in parti-cular, the absence of dishonest motive), the PM’s long and outstanding public record, his cooperation with the tribunal and his subsequent and on-going compliance with his relevant obligations, the leadership tribunal should be satisfied there is no serious culpability on his part,” Molloy said, and referred to earlier tribunals involving other PNG leaders who had received lesser penalties for more serious offences of not filing their statements at all.
He claimed that in each of these cases involving leaders, they were fined between K500 and K1,000 for each charge.
In the event of a dismissal and recall of parliament, including a by-election, Molloy argued that the whole exercise would be costly.
“The public will not be served by recalling parliament and electing a new PM.
“A by-election, in itself, will leave East Sepik without a representative for about two months when there is a general election to be held in about 12 months,” the counsel submitted.
“The fact that the matter has come to this is punishment in itself. 
“The PM has been publicly found guilty of misconduct in office. That is a blemish on an otherwise unblemished record. It will remain with him always.”
Meanwhile, outside the courthouse for the first time since the leadership tribunal started, the court premise was yesterday heavily guarded by police.
NCD metropolitan commander Supt Joseph Tondop said the tight security measure was taken in light of the tribunal’s guilty verdict against the prime minister on Monday.
He confirmed dispatching about 40 police personnel and two mobile squad units to the court premises yesterday.
“We were making sure no opportunists or criminal elements take advantage of the situation,” Tondop told The National by phone late yesterday.

No corruption to warrant suspension, says tribunal

The National – Thursday, March 17, 2011

By JACOB POK
PRIME Minister Sir Michael Somare’s suspension from office was rejected by the tribunal judges on Monday because the tribunal was also of the view that there was no other act of corruption on the part of the PM apart from failing to submit his statement of returns to the Ombudsman Commission.
Sir Bruce Robertson, one of the tribunal judges, said while handing his “reserved” discretionary ruling on Tuesday on the issue regarding Sir Michael’s suspension.
The tribunal was issued the responsibility by Chief Justice Sir Salamo Injia to use its discretion to rule on the suspension of the prime minister.
The chief justice indicated, prior to the tribunal, that “for avoidance of doubt, pursuant to section 142(6) of the constitution subject to which section 28 of the Organic Law on duties and responsibilities of leadership is read, the question of suspension pending the investigation into the question of misconduct in office by the PM is to be determined by the tribunal”.
This effectively gave power to the tribunal bench to decide on Sir Michael’s suspension, to which the suspension bid was ultimately refused on Monday by two judges, chairman Roger Gyles and Sir Bruce while Sir Robin Auld reluctantly agreed.
The prosecutions, headed by Pondros Kaluwin, made submissions for Sir Michael to be suspended pending the duration of the tribunal while the prime minister’s legal team, headed by Ian Molloy, argued that Sir Michael remain as prime minister pending the tribunal’s outcome. 
Sir Bruce, while handing his discretionary reasons, outlined that “the tribunal was not persuaded by the submissions delivered by the prosecution to suspend the PM”.
He agreed on the submissions by the PM’s defence team, keeping in mind that the prime minister’s suspension could affect the natural functions of the country.
“Although the subject on suspension was capable for argument, there was no other act of corruption by the PM apart from the allegations of failing to submit his statements of returns,” Sir Bruce said.
“Accordingly, and through the exercise of discretion by the tribunal, we have declined the suspension of the PM,” Sir Bruce said.
When the leadership tribunal returns this week or early next week, it will be for the tribunal members to rule on the issues of “liabilities” on whether or not the PM was liable to the charges. 
It also gave the parties time to prepare submissions on penalty if Sir Michael was found guilty of the charges.

PM defeats suspension

The National – Tuesday, March 15, 2011

By JULIA DAIA BORE and JACOB POKSIR Michael Somare remains the prime minister of PNG for the duration of the leadership tribunal hearing alleged misconduct in office charges against him. 
This was the decision of the tribunal yesterday morning whose members conferred and agreed that the prime minister remains in office pending the final outcome of the tribunal, which seemed likely to conclude before the end of this week. 
The two tribunal members who agreed on this decision were chairman Roger Gyles and Sir Bruce Robertson while Sir Robin Auld “reserved” his decision.
The decision was announced to a packed courtroom one at 11am yesterday following a 35-minute adjournment to reach that verdict on the issue of the PM’s suspension.
This became another first in the history of leadership tribunals in Papua New Guinea. 
No other leader, covered under the leadership code, had come this far and remained in office while a leadership tribunal had proceeded with investigating allegations of misconduct in office against the incumbent.
All leaders have been suspended by automatic operation of the law upon the chief justice naming a tribunal but, in this specific instance because of some legal doubts raised over the standing of the prime minister, the chief justice, when naming the tribunal, had said the matter of suspension or not would be left to the tribunal to decide. 
This – it did yesterday – creating a precedent and history.
Meanwhile, the prime minister, his accountant Glenn Blake who assisted him in filling out his annual returns forms and Chief Ombudsman Chronox Manek took the witness stand later in the morning and in the afternoon and gave their accounts to support their arguments before the tribunal. 
Manek was in support of the referral of the prime minister while Sir Michael stood in his own defence, supported by Blake. Prosecuting lawyer Pondros Kaluwin had, at the start of the tribunal last Thursday, called on the tribunal to immediately suspend the prime minister pending the duration of the tribunal hearing, arguing that the tribunal had the discretion to do so under section 142(6) of the constitution. 
The tribunal agreed with the parties to deal with the matter on Monday, which was yesterday.
Yesterday, while the tribunal agreed with the discretion aspect of their role and commended Kaluwin for acknowledging this, adjourned at 10.22am for 35 minutes and returned at 11am to rule that “there will be no order of suspension” on the prime minister which, effectively, meant that Sir Michael will remain the prime minister throughout the tribunal. 
He will perform all functions and powers of the prime minister.
The final outcome of the tribunal would, ultimately, determine the fate of Sir Michael.

Yasause’s case deferred

March 8, 2011-The National

By JACOB POK
FORMER executive director of the office of climate change Dr Theo Yasause, the main suspect in the alleged murder of former Kumul star Aquila Emil, had his matter deferred to next month by the Waigani district court due to police transport problem.
Police prosecutors told the court that the “only” police van that transports pri­soners from Bomana prison to the court had broke down and needed services and would be ready by next month.
Magistrate Rossie Johnson expressed frustration that the logistics problems should not deter the constitutional rights of prisoners to a speedy trial.
Johnson had to adjourn most of the ca­ses yesterday because those in custody could not be brought down because of transport problems. 
Johnson at one stage told the prosecutor that the capital city should not have any excuses on logistics problems and should lead by example. 
The police prosecutors told the court that the only police van that transports prisoners from Bomana to Waigani court was no longer roadworthy, as it was old and run-down.
“That is not the court’s problem as the prisoners have right under the constitution to a speedy trial and must be heard,” Johnson told the prosecutor. 
It is also understood that police arresting officers are the cause of the delay, as they only arrest but fail to investigate, compile reports and arraign offenders properly.
These were some of the failures in the part of police officers to effectively carry out their duties.
Yasause’s matter was adjourned to April 8 for further hearing. 
In the meantime, he remains in custody at Bomana prison outside Port Moresby.

Yasause says he was assaulted in prison

The National – Monday, February 21, 2011

By JACOB POK
FORMER executive director of the office of climate change Dr Theo Yasause has claimed that he was assaulted, harassed and abused by Correctional Service (CS) officers while in remand at Bomana prison outside Port Moresby.
Yasause’s lawyers raised this as one of the grounds in an application for bail before Justice Ere Kariko at the Waigani National Court last Friday.  
Yasause was charged with the wilful murder of former rugby league star Aquila Emil and was remanded at the Bomana prison when the district court, which he first appeared in, allowed him only to make a bail application at the National Court pending further prosecutions. 
Yasause, through his lawyers, claimed that he was at one stage stripped naked and assaulted by CS officers when first taken to Bomana prison, adding that he was subject to continuous ill-treatment and was in fear for his life. 
Yasause’s lawyer also submitted that the applicant had no knowledge of the allegations against him and blamed the print media for painting a bad picture of him as being the alleged suspect in the death of Emil. 
He also claimed in his submission that he had to surrender to police because of statements published in the print media that police would hunt him down if he failed too surrender. 
It was also submitted that Yasause held a doctorate in political science and held number of senior positions in government departments prior to his arrest.
He was recently involved as a leading consultant in assisting landowners in the negotiation process of the multi-billion kina LNG operations at the time of his arrest. 
Yasause’s lawyer further submitted that Yasause was married and had four children who attend school and he was the only provider of the family, adding that bail must be granted as the welfare of the family would be in jeopardy if he remained in prison. 
However, state lawyers opposed the bail application on the basis that the suspect had used a firearm and did not co-operate with police during investigations intoEmil’s death.
The state submitted that police found bookings of air tickets under the name of the applicant after the shooting. 
The state also submitted that the handgun and the suspect’s car were not surrendered. 
In rebutting some grounds in the bail application, state lawyers submitted there was no medical report provided by the appellant on his allegations of being assaulted by CS officials.
State lawyers also said that the applicant did not specify or name the landowner groups he claimed to assist as a consultant, adding that the LNG projects would still proceed without the appellant’s providing the said assistance. 
The court’s ruling on Yasause’s bail application would be given tomorrow.

Judge: Landowners just greedy

The National – Wednesday, February 16, 2011

By JACOB POK
LANDOWNERS have gone absolutely crazy over money and have totally forgotten the destruction caused to their environment by project developers, National Court judge Justice Ambeng Kandakasi has said. 
“People have gone absolutely crazy over money and lost focus and passion for their land,” Kandakasi said yesterday while presiding on a matter relating to conflicts on payments of funds by Forest Authority to some certain landowner groups in Finschaafen, Morobe. 
He said landowners did not recognise the destruction being caused to their land and yet form all kinds of incorporated land groups for the greed of money.
Kandakasi told lawyers handling the matter that it was an “old case” and was in court for too long, adding that the court was not only meant for the people of Finschaafen alone but was a national court of justice that serves everyone in the country.
He also pointed that most of the problems regarding funds are caused by third parties or officers who are assigned to distribute the funds.
“If the funds are distributed fairly by those third parties, then the problems should not have arisen and people should not have come to court.”