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.