PAPUA New Guinea's senior diplomat in Australia took a huge swipe at the $450 million foreign aid program yesterday, declaring half is frittered away instead of delivering lasting benefitts, Daily Telegraph reports.
The extraordinary remarks by PNG's High Commissioner Charles Lepani came as the Coalition called for an urgent investigation into apparent "systemic criminal behaviour" in foreign aid.
The Daily Telegraph yesterday revealed Australia's $4.5 billion foreign aid program was plagued by fraud, with 175 cases under investigation including 71 in PNG.
High levels of fraud were also reported in Indonesia, the Philippines and the Solomon Islands, raising concerns about how well the program was being policed.
AusAID director-general Peter Baxter denied the scheme was "riddled with fraud" as he defended the level of corruption during a string of media appearances.
But Mr Lepani - a respected diplomat in Canberra - lashed out at the exorbitant spending on Australian-based contractors and consultants.
"Fifty per cent of that has not worked. It has not built capacity in PNG and a lot of it has to do with Australian management companies getting a lot of money but not delivering on what they are supposed to do, in terms of building capacity in Papua New Guinea," Mr Lepani said.
Despite his criticism, Mr Lepani denied fraud was "out of control" in his homeland: "No, I wouldn't say that."
Opposition foreign affairs spokeswoman Julie Bishop said that "reports of corruption within Australia's foreign aid program appear to reveal a level of systemic criminal behaviour".
She called on the Government to investigate the claims.
Friday, March 25, 2011
Magical Tambul, Western Highlands
By MALUM NALU
Last time I visited magical Tambul, Western Highlands, was in September 2009 when I travelled there for the opening of 12 new potato screen houses belonging to the Fresh Produce Development Agency.
Last Friday, I again found myself travelling to Tambul, this time for the National Agriculture Research Institute’s field day at its highlands regional high altitude research centre.
The cold, fresh, Mt Hagen air hit my face as I stepped off the plane to be met by NARI staffer, Kennufa Mou, who was to drive me to Tambul.
Memories of another day came running back as I had, during my stint with the Coffee Industry Corporation from 1998-2002, driven so many times around the highlands.
Mou, during our drive up to Tambul, briefed me on developments there, including the sealing of a 17km stretch of the Tomba-Tambul road by Dekenai Construction Ltd, which is expected to be completed by July and open up a whole new world of opportunities for Tambul people.
The long and winding road takes in montane forests thick with trees, alpine shrubs, and icy-cold mountain streams tumbling down the mountainsides.
These streams join rivers such as the Lai in Enga which flows on to the mighty Sepik River, while others join the Kaguel, which flows down south to join the Purari in Gulf province,
As we round another bend, the panorama of the Kaguel valley, Tambul and majestic Mt Giluwe towering in the distance, unfolds.
Mt Giluwe is the second highest mountain in Papua New Guinea at 4,368 metres (14,331 feet), after Mt Wilhelm, and is specifically in neighbouring Southern Highlands.
Tambul, situated to the west of Mt Hagen and bordering Enga and Southern Highlands provinces, is famous for its fresh vegetables.
In fact, it is the single biggest producer of fresh vegetables in the country such as potatoes, broccoli, cabbages and cauliflower.
Its people are some of the hardest working who still value their subsistent way of living.
Tambul station is about 2,224 m above sea level at the foot of Mt Giluwe, and was established as a government patrol post in the 1950s, with the first highlands highway passing through it in the 1960s to Mendi in Southern Highlands.
Believe it or not, ice and snow are regular occurrences here, and the place is freezing cold.
Tambul is already contributing in a big way towards development of agriculture in this country, with the research station.
It also has some of the best services found in a rural area such as good roads, health, education, mobile phone, district treasury and internet to enable local people and NARI scientists to be in touch with the world.
Take your laptop with you, plug in your modem, and you’re in touch with the world from this rural part of PNG!
Tribal fighting and law and order issues have been kept to a bare minimum, and local people respect government facilities at the station.
I spent an enjoyable Friday afternoon with NARI staff including programme manager Johannes Pakatul, as well as my former Aiyura National High School mate, scientist Kud Sitango, who showed me around beneath the towering presence of Mt Giluwe.
Dinner is further down the road in a real ‘Little America’, reminiscent of the Summer Institute of Linguistics in Ukarumpa, Eastern Highlands.
You could be forgiven for thinking that you were in America as the PNG Bible Church mission station has well-kept old style missionary houses in picture-perfect settings.
The church runs a Bible school, Christian academy and vocational school as well as a guest house known as Frank Ward Pioneer Home, which offers excellent facilities at only K70 per night, including a warm fireplace to sustain you on those chilly Tambul nights.
“I enjoy doing this very much,” Pastor Rambal Poponawa of the PNGBC tells me.
“I want to see beauty.
“We want to create an atmosphere in which people can feel the presence of God.”
The amazing thing is that the school is entirely self-funding, mainly from the sale of fresh vegetables to established buyers in Port Moresby.
“Our church is financially independent,” Poponawa adds.
“The main funding for the school comes from the sale of vegetables.”
That night, even under three blankets, the freezing cold seeps right through to my bones!
Early last Saturday morning, NARI staffer James Laraki and I take a walk around the station, absorbing the sights and sounds of this mountain paradise, before the field day.
This event coincided with the 46th NARI council meeting which was held at Tambul last Friday, however, a lower-than-anticipated crowd attended.
An icy-cold typical Tambul downpour also cut short the event and had visitors running for cover.
With the theme ‘Enhancing sustainable farming for rural farmers’, the event provided an opportunity for the people of Tambul and visitors alike to learn about activities undertaken, meet scientific and technical staff, tour the grounds and facilities, and gather information on other activities NARI undertakes throughout the country.
This event provided the chance to people to find out more about the research and development activities undertaken by NARI in the high altitude highlands region of PNG and how they can source and adopt them.
After the field day, I venture to the immaculate residence of local MP and Civil Aviation Minister, Benjamin Poponawa, where he is talking to local villagers.
“Tambul is the food basket of PNG,” he tells me.
“But there is no incentive for people to work in their gardens.
“My people of Tambul-Nebilyer are running PMVs in Port Moresby and Lae.
“We have to bring them back.
“We need funding assistance to support our programmes.”
Poponawa says that in 2009, while opening the district treasury, Prime Minister Sir Michael Somare made a commitment of K5 million to the district but this had not been forthcoming because of “bureaucratic red tape”.
“A lot of programmes will go ahead if there is no bureaucratic red tape,” he adds.
“We have to make rural communities all over PNG attractive,
“One way is through assistance to agriculture programmes.
“Our district has gone out of its way to get agriculture experts from Israel, who will be arriving soon.
“Our major objective in the district is road infrastructure.
“Once that is in place, all services will follow through.”
Apart from the national government-funded Tomba-Tambul road sealing, Poponawa’s joint district planning and budget priorities committee has allocated K7.5 million funding for the 22km Tambul-Piambil upgrading, 10km Tambul-Upper Mendi, 7km Tambul ring road, 7km Pokerapul-Sisinpi, 10km Highlands Highway-Porabruk, and 12km West Kambia.
He is mindful of the new opportunities the liquefied natural gas project in neighbouring Southern Highlands will bring to his people.
“Tourism, especially through Mt Giluwe, and vegetables are a pot of gold that the people of Tambul are sitting on,” Poponawa says.
“NARI, however, is concentrating on research and development, and this is where extension services need to come in.
“We need to put up a cool room here for vegetables, as the LNG project is just around the corner, in Southern Highlands.
“The majority of people have land which they can utilise to grow vegetables, however, we need to look for markets for these people.
“Tourism is also something that we can tap into.
“Guest house operators need to be trained.”
Driving out of Tambul on a cold Saturday afternoon, after talking with Poponawa, I thought long and hard about the example Tambul has set for the rest of PNG.
Civilisation is here, in rural areas such as Tambul, not in the towns and cities.
Last time I visited magical Tambul, Western Highlands, was in September 2009 when I travelled there for the opening of 12 new potato screen houses belonging to the Fresh Produce Development Agency.
 |
| Magical sunrise in Tambul |
The cold, fresh, Mt Hagen air hit my face as I stepped off the plane to be met by NARI staffer, Kennufa Mou, who was to drive me to Tambul.
Memories of another day came running back as I had, during my stint with the Coffee Industry Corporation from 1998-2002, driven so many times around the highlands.
Mou, during our drive up to Tambul, briefed me on developments there, including the sealing of a 17km stretch of the Tomba-Tambul road by Dekenai Construction Ltd, which is expected to be completed by July and open up a whole new world of opportunities for Tambul people.
 |
| Project signboard along the Tomba-Tambul road |
These streams join rivers such as the Lai in Enga which flows on to the mighty Sepik River, while others join the Kaguel, which flows down south to join the Purari in Gulf province,
As we round another bend, the panorama of the Kaguel valley, Tambul and majestic Mt Giluwe towering in the distance, unfolds.
 |
| Mt Giluwe towers over Tambul |
Tambul, situated to the west of Mt Hagen and bordering Enga and Southern Highlands provinces, is famous for its fresh vegetables.
In fact, it is the single biggest producer of fresh vegetables in the country such as potatoes, broccoli, cabbages and cauliflower.
 |
| Brocolli farm belonging to the PNG Bible Church |
Its people are some of the hardest working who still value their subsistent way of living.
Tambul station is about 2,224 m above sea level at the foot of Mt Giluwe, and was established as a government patrol post in the 1950s, with the first highlands highway passing through it in the 1960s to Mendi in Southern Highlands.
Believe it or not, ice and snow are regular occurrences here, and the place is freezing cold.
Tambul is already contributing in a big way towards development of agriculture in this country, with the research station.
It also has some of the best services found in a rural area such as good roads, health, education, mobile phone, district treasury and internet to enable local people and NARI scientists to be in touch with the world.
Take your laptop with you, plug in your modem, and you’re in touch with the world from this rural part of PNG!
Tribal fighting and law and order issues have been kept to a bare minimum, and local people respect government facilities at the station.
I spent an enjoyable Friday afternoon with NARI staff including programme manager Johannes Pakatul, as well as my former Aiyura National High School mate, scientist Kud Sitango, who showed me around beneath the towering presence of Mt Giluwe.
 |
| NARI agriculture station manager Johanes Pakutul in a wheat field |
You could be forgiven for thinking that you were in America as the PNG Bible Church mission station has well-kept old style missionary houses in picture-perfect settings.
 |
| Picture-perfect missionary house at Tambul |
“I enjoy doing this very much,” Pastor Rambal Poponawa of the PNGBC tells me.
 |
| Pastor Rambai Poponawa at the guest house at Tambul |
“I want to see beauty.
“We want to create an atmosphere in which people can feel the presence of God.”
The amazing thing is that the school is entirely self-funding, mainly from the sale of fresh vegetables to established buyers in Port Moresby.
“Our church is financially independent,” Poponawa adds.
“The main funding for the school comes from the sale of vegetables.”
That night, even under three blankets, the freezing cold seeps right through to my bones!
Early last Saturday morning, NARI staffer James Laraki and I take a walk around the station, absorbing the sights and sounds of this mountain paradise, before the field day.
 |
| Another Tambul sunrise |
An icy-cold typical Tambul downpour also cut short the event and had visitors running for cover.
With the theme ‘Enhancing sustainable farming for rural farmers’, the event provided an opportunity for the people of Tambul and visitors alike to learn about activities undertaken, meet scientific and technical staff, tour the grounds and facilities, and gather information on other activities NARI undertakes throughout the country.
This event provided the chance to people to find out more about the research and development activities undertaken by NARI in the high altitude highlands region of PNG and how they can source and adopt them.
After the field day, I venture to the immaculate residence of local MP and Civil Aviation Minister, Benjamin Poponawa, where he is talking to local villagers.
.JPG) |
| Tambul-Nebilyer MP and Civil Aviation Minister Benjamin Poponawa. |
“But there is no incentive for people to work in their gardens.
“My people of Tambul-Nebilyer are running PMVs in Port Moresby and Lae.
“We have to bring them back.
“We need funding assistance to support our programmes.”
Poponawa says that in 2009, while opening the district treasury, Prime Minister Sir Michael Somare made a commitment of K5 million to the district but this had not been forthcoming because of “bureaucratic red tape”.
“A lot of programmes will go ahead if there is no bureaucratic red tape,” he adds.
“We have to make rural communities all over PNG attractive,
“One way is through assistance to agriculture programmes.
“Our district has gone out of its way to get agriculture experts from Israel, who will be arriving soon.
“Our major objective in the district is road infrastructure.
“Once that is in place, all services will follow through.”
Apart from the national government-funded Tomba-Tambul road sealing, Poponawa’s joint district planning and budget priorities committee has allocated K7.5 million funding for the 22km Tambul-Piambil upgrading, 10km Tambul-Upper Mendi, 7km Tambul ring road, 7km Pokerapul-Sisinpi, 10km Highlands Highway-Porabruk, and 12km West Kambia.
He is mindful of the new opportunities the liquefied natural gas project in neighbouring Southern Highlands will bring to his people.
“Tourism, especially through Mt Giluwe, and vegetables are a pot of gold that the people of Tambul are sitting on,” Poponawa says.
“NARI, however, is concentrating on research and development, and this is where extension services need to come in.
“We need to put up a cool room here for vegetables, as the LNG project is just around the corner, in Southern Highlands.
“The majority of people have land which they can utilise to grow vegetables, however, we need to look for markets for these people.
 |
| Potato field at NARI's high altitude research station |
“Guest house operators need to be trained.”
Driving out of Tambul on a cold Saturday afternoon, after talking with Poponawa, I thought long and hard about the example Tambul has set for the rest of PNG.
Civilisation is here, in rural areas such as Tambul, not in the towns and cities.
Prime minister: Henimbha, it’s OK
By JULIA DAIA BORE
SIR Michael Somare appeared a contented man as he left courtroom one at the Waigani courthouse about 4.15pm yesterday, The National reports.
Asked at the doorway to comment on the tribunal’s decision, he smiled and said henimbha (it’s okay) in the Sausa language, spoken commonly in the Yangoru-Saussia district, the Boiken area of Wewak’s west coast and along the Sepik highway.
Sir Michael was met with a loud applaud from the waiting crowd on the foyer of the courthouse.
He also told photographers surround his car to capture his mood: “I deserve a break, I will take a holiday now.”
Sir Michael then got inside his car to be driven to parliament, accompanied by Deputy Prime Minister Sam Abal.
At the parliament poolside, he and his cabinet ministers gathered for refreshment before calling it a day.
Sir Michael was heard later whispering to Petroleum and Energy Minister William Duma: “Now that I am going on leave without pay, I might as well rely on my horses to take me through.”
It is understood that the PM was referring to one of his other pastime of punting.
As the PM’s entourage left the courthouse, outside in the car park, there was a subdued silence among those who had that filled the court house courtyard and car park.
Following the tribunal decision, Sir Michael released a media statement that he “respects the rule of law and, therefore, accepts the penalties” handed down by the tribunal.
Sir Michael apologised to the people, saying: “As a leader, I take full responsibility for failing to fulfil certain administrative aspects of my duties and responsibilities of leadership by submitting several late and incomplete returns to the Ombudsman Commission.
“For this, I apologise to the people of Papua New Guinea for this administrative oversight.
“It is very important to emphasise, however, that the tribunal has found me innocent of any corrupt practices that fall in breach of the substantive provision of the Organic Laws on Leadership.
“Further, I was found innocent of any false or misleading statements.
“Rather, the tribunal found that my breach of the Leadership Code was simply an administrative offence involving later and incomplete statements.”
Sir Michael said for this reasons, “I welcomed and supported the earlier decision by the tribunal not to suspend me from office pending its deliberations”.
He said the establishment and operations of the tribunal clearly demonstrated that no one was above the law but should be treated equally.
The prime minister said these were both important principles that he had worked to protect during his 42 years in public office.
“I must make it clear that I have never sought to avoid dealing with the substance of the Ombudsman’s case,” he said.
“Rather, I was exercising my constitutional right to have my substantive matter heard that has been before the Supreme Court for the last three years.”
Sir Michael said while on suspension, he would visit his East Sepik electorate and spend quality time with wife Lady Veronica, children and grandchildren.
Deputy Prime Minister Sam Abal will be acting prime minister for the next two weeks.
“Abal is a bright and strong leader of the younger generation and he has my full confidence during this time and in the future,” the prime minister said.
“In accepting full responsibility and the suspension, I am pleased that this chapter of my long political career is now closed.
“I look forward to, with the help of my government, completing this term of parliament before retiring.
“I seek to carry my responsibilities to the people of PNG and fulfil our collective vision of a bright and secure future for present and future generations.”
SIR Michael Somare appeared a contented man as he left courtroom one at the Waigani courthouse about 4.15pm yesterday, The National reports.
Asked at the doorway to comment on the tribunal’s decision, he smiled and said henimbha (it’s okay) in the Sausa language, spoken commonly in the Yangoru-Saussia district, the Boiken area of Wewak’s west coast and along the Sepik highway.
Sir Michael was met with a loud applaud from the waiting crowd on the foyer of the courthouse.
He also told photographers surround his car to capture his mood: “I deserve a break, I will take a holiday now.”
Sir Michael then got inside his car to be driven to parliament, accompanied by Deputy Prime Minister Sam Abal.
At the parliament poolside, he and his cabinet ministers gathered for refreshment before calling it a day.
Sir Michael was heard later whispering to Petroleum and Energy Minister William Duma: “Now that I am going on leave without pay, I might as well rely on my horses to take me through.”
It is understood that the PM was referring to one of his other pastime of punting.
As the PM’s entourage left the courthouse, outside in the car park, there was a subdued silence among those who had that filled the court house courtyard and car park.
Following the tribunal decision, Sir Michael released a media statement that he “respects the rule of law and, therefore, accepts the penalties” handed down by the tribunal.
Sir Michael apologised to the people, saying: “As a leader, I take full responsibility for failing to fulfil certain administrative aspects of my duties and responsibilities of leadership by submitting several late and incomplete returns to the Ombudsman Commission.
“For this, I apologise to the people of Papua New Guinea for this administrative oversight.
“It is very important to emphasise, however, that the tribunal has found me innocent of any corrupt practices that fall in breach of the substantive provision of the Organic Laws on Leadership.
“Further, I was found innocent of any false or misleading statements.
“Rather, the tribunal found that my breach of the Leadership Code was simply an administrative offence involving later and incomplete statements.”
Sir Michael said for this reasons, “I welcomed and supported the earlier decision by the tribunal not to suspend me from office pending its deliberations”.
He said the establishment and operations of the tribunal clearly demonstrated that no one was above the law but should be treated equally.
The prime minister said these were both important principles that he had worked to protect during his 42 years in public office.
“I must make it clear that I have never sought to avoid dealing with the substance of the Ombudsman’s case,” he said.
“Rather, I was exercising my constitutional right to have my substantive matter heard that has been before the Supreme Court for the last three years.”
Sir Michael said while on suspension, he would visit his East Sepik electorate and spend quality time with wife Lady Veronica, children and grandchildren.
Deputy Prime Minister Sam Abal will be acting prime minister for the next two weeks.
“Abal is a bright and strong leader of the younger generation and he has my full confidence during this time and in the future,” the prime minister said.
“In accepting full responsibility and the suspension, I am pleased that this chapter of my long political career is now closed.
“I look forward to, with the help of my government, completing this term of parliament before retiring.
“I seek to carry my responsibilities to the people of PNG and fulfil our collective vision of a bright and secure future for present and future generations.”
Thursday, March 24, 2011
Millions lost in AusAID foreign aid scam
AUSTRALIA'S $4.5 billion foreign aid program is plagued by record levels of fraud, with millions of dollars being stolen by corrupt officials and overseas agencies, Daily Telegraph reports.
AusAID has 175 cases of fraud under investigation - stretching across 27 countries and totalling millions of dollars.
Documents released under Freedom of Information expose a criminal trail in some of the world's poorest countries, with widespread theft of money and forging of receipts.
They also show how food and other supplies are being diverted from dirt-poor communities and sold on the black market at inflated prices.
While AusAID insists it is improving fraud control, the documents also reveal police are often reluctant to intervene and charge local criminals - frustrating the agency's attempts to recover missing aid money.
In one extraordinary case, the Eritrean Government in 2006 seized food and other supplies from the UN's World Food Program, saddling Australian taxpayers with a probable loss of $1.25 million.
The revelations will do little to boost public confidence in a foreign aid program that is forecast to nearly double to $8 billion a year by 2015.
PNG emerged as corruption central with 71 cases of identified fraud - 40 per cent of the AusAID total - involving millions in missing funds.
Indonesia, which will receive $458 million in Australian assistance in 2010/11, recorded 31 fraud cases, followed by the Philippines at 20 and Solomon Islands with 19.
AusAID director-general Peter Baxter said fraud levels in foreign aid compared "very favourably" with domestic agencies like Centrelink.
"The level of fraud in our program from 2004/05 until December 2010 was 0.017 of 1 per cent of the $20 billion that had been appropriated to AusAID during that period," Mr Baxter said. And he denied fraud was on the increase, despite 16 cases being reported last November alone.
But FOI documents reveal how taxpayers' money is being squandered, with corrupt local officials and agencies profiting at the expense of the poor. Australia is one of the biggest aid donors in the world, focusing on the Asia-Pacific although the Government wants to expand its aid funding into Africa over the coming years.
The FOI documents reveal the difficulties of trying to manage a $4.5 billion budget while dealing with some of the most corrupt nations in the world. One investigation in Fiji, involving fraud of $37,670, has been closed with AusAID declining to report the matter to police "due to the highly sensitive political environment" in the Pacific island nation.
Other times, AusAID has struggled to establish fraud "because of the lack of a paper trail" while on other occasions businesses were paid money but then closed their offices.
An unknown amount of AusAID funds were caught up in a major scandal involving the African country of Mali with health workers allegedly embezzling hundreds of thousands of dollars.
The fraud involved "managing contractors" paid hundreds of millions to manage aid projects - including Cardno Limited, involved in 40-odd cases of fraud.
Asked bluntly whether fraud was out of control, Mr Buckley said "I wouldn’t say that".
Equally he conceded that "any lost dollars are not good".
"We are trying to deal with it," he said, of Cardno’s efforts to combat fraud.
"We reckon that we do a pretty good job."
He said Cardno – one of the biggest managing contractors to AusAID - have to report any suspected areas of fraud within 24 hours of hearing about it.
He said Cardno had "good processes" in place to detect fraud.
AusAID has 175 cases of fraud under investigation - stretching across 27 countries and totalling millions of dollars.
Documents released under Freedom of Information expose a criminal trail in some of the world's poorest countries, with widespread theft of money and forging of receipts.
They also show how food and other supplies are being diverted from dirt-poor communities and sold on the black market at inflated prices.
While AusAID insists it is improving fraud control, the documents also reveal police are often reluctant to intervene and charge local criminals - frustrating the agency's attempts to recover missing aid money.
In one extraordinary case, the Eritrean Government in 2006 seized food and other supplies from the UN's World Food Program, saddling Australian taxpayers with a probable loss of $1.25 million.
The revelations will do little to boost public confidence in a foreign aid program that is forecast to nearly double to $8 billion a year by 2015.
PNG emerged as corruption central with 71 cases of identified fraud - 40 per cent of the AusAID total - involving millions in missing funds.
Indonesia, which will receive $458 million in Australian assistance in 2010/11, recorded 31 fraud cases, followed by the Philippines at 20 and Solomon Islands with 19.
AusAID director-general Peter Baxter said fraud levels in foreign aid compared "very favourably" with domestic agencies like Centrelink.
"The level of fraud in our program from 2004/05 until December 2010 was 0.017 of 1 per cent of the $20 billion that had been appropriated to AusAID during that period," Mr Baxter said. And he denied fraud was on the increase, despite 16 cases being reported last November alone.
But FOI documents reveal how taxpayers' money is being squandered, with corrupt local officials and agencies profiting at the expense of the poor. Australia is one of the biggest aid donors in the world, focusing on the Asia-Pacific although the Government wants to expand its aid funding into Africa over the coming years.
The FOI documents reveal the difficulties of trying to manage a $4.5 billion budget while dealing with some of the most corrupt nations in the world. One investigation in Fiji, involving fraud of $37,670, has been closed with AusAID declining to report the matter to police "due to the highly sensitive political environment" in the Pacific island nation.
Other times, AusAID has struggled to establish fraud "because of the lack of a paper trail" while on other occasions businesses were paid money but then closed their offices.
An unknown amount of AusAID funds were caught up in a major scandal involving the African country of Mali with health workers allegedly embezzling hundreds of thousands of dollars.
The fraud involved "managing contractors" paid hundreds of millions to manage aid projects - including Cardno Limited, involved in 40-odd cases of fraud.
Asked bluntly whether fraud was out of control, Mr Buckley said "I wouldn’t say that".
Equally he conceded that "any lost dollars are not good".
"We are trying to deal with it," he said, of Cardno’s efforts to combat fraud.
"We reckon that we do a pretty good job."
He said Cardno – one of the biggest managing contractors to AusAID - have to report any suspected areas of fraud within 24 hours of hearing about it.
He said Cardno had "good processes" in place to detect fraud.
Tribunal suspends Somare for 14 days
Prime Minister Sir Michael Somare has been suspnded for 14 days by the leadership tribunal. after being found guilty of 13 charges of misconduct.
A three-man leadership tribunal in Port Moresby handed down the decision this afternoon to a packed courtroom that for two weeks has heard the case regarding Sir Michael’s failure to lodge financial returns dating as far back as 20 years ago.
The tribunal chair Roger Gyles says the prime minister is suspended from office from and including April the 4 for 14 days.
S
A three-man leadership tribunal in Port Moresby handed down the decision this afternoon to a packed courtroom that for two weeks has heard the case regarding Sir Michael’s failure to lodge financial returns dating as far back as 20 years ago.
The tribunal chair Roger Gyles says the prime minister is suspended from office from and including April the 4 for 14 days.
 |
| Crowd outside the court room. |
 |
| Smiles from Somare supporters |
S
 |
| Somare and his deputy Sam Abal leave the court room |
 |
| Subdued crowd leaves the court house |
 |
| Somare's daughter Betha leaves the court house |
 |
| National Alliance 'big boys' Simon Kaiwi and Steven Pokawin (obscured) talk to journalists outside court. |
Verdict on prime minister slated for 4pm
AFTER 4pm today, Prime Minister Sir Michael Somare will know what
penalty has been imposed on him by the leadership tribunal which has
found him guilty of 13 of 25 charges of breaching the leadership code,
The National reports.
Whether he remains prime minister is one of the penalties being considered.
The charges related to lateness and incomplete annual financial
returns statements between 1994 and 1997.
Yesterday afternoon, the tribunal sent out a public notice saying it
would hand down its decision beginning at 4pm today.
On Tuesday, the prosecution had submitted to the tribunal to impose
the maximum penalty of dismissal.
However, the prime minister's defence team of Posman Kua Aisi Lawyers
principal Kerenga Kua and Justin Wohuinangu, led by overseas lawyer
Ian Molloy, argued that the charges did not warrant dismissal,
submitting that he should be fined K500 for each of the 13 charges.
Molloy argued that Sir Michael had attempted to lodge all his annual
returns in his busy schedule that also included changing offices from
Port Moresby to Wewak and on some of these occasions, not being a PM.
He argued that late lodgment or incomplete annual return forms Sir
Michael had lodged was not as severe as that committed by other MPs
over the years since PNG's independence, for which they had only being
penalised fines of between K500 and K1,000 per charge.
Molloy had argued that some of these leaders had totally failed to
lodge their annual returns or had been charged with non-accountability
of public funds and that their penalty were monetary fines.
penalty has been imposed on him by the leadership tribunal which has
found him guilty of 13 of 25 charges of breaching the leadership code,
The National reports.
Whether he remains prime minister is one of the penalties being considered.
The charges related to lateness and incomplete annual financial
returns statements between 1994 and 1997.
Yesterday afternoon, the tribunal sent out a public notice saying it
would hand down its decision beginning at 4pm today.
On Tuesday, the prosecution had submitted to the tribunal to impose
the maximum penalty of dismissal.
However, the prime minister's defence team of Posman Kua Aisi Lawyers
principal Kerenga Kua and Justin Wohuinangu, led by overseas lawyer
Ian Molloy, argued that the charges did not warrant dismissal,
submitting that he should be fined K500 for each of the 13 charges.
Molloy argued that Sir Michael had attempted to lodge all his annual
returns in his busy schedule that also included changing offices from
Port Moresby to Wewak and on some of these occasions, not being a PM.
He argued that late lodgment or incomplete annual return forms Sir
Michael had lodged was not as severe as that committed by other MPs
over the years since PNG's independence, for which they had only being
penalised fines of between K500 and K1,000 per charge.
Molloy had argued that some of these leaders had totally failed to
lodge their annual returns or had been charged with non-accountability
of public funds and that their penalty were monetary fines.
Wednesday, March 23, 2011
A thought for Hula
We love and miss you so much...Malum and our children Malum Jr, Gedi, Moasing and Keith.
Tuesday, March 22, 2011
Prosecutor calls for Somare to be sacked
By ABC Papua New Guinea correspondent Liam Fox
Papua New Guinea's public prosecutor has called for the prime minister to be dismissed from office after he was found guilty of official misconduct.
A leadership tribunal yesterday found Sir Michael Somare guilty of 13 counts of filing late and incomplete financial returns to PNG's Ombudsman Commission.
In his sentencing submission, prosecutor Pondros Kaluwin said politicians found guilty of similar offences in the past had not been punished with dismissal.
But he said this case is more serious because Sir Michael is the prime minister and "the higher the office, the higher the responsibility".
Sir Michael's lawyer, Ian Molloy, argued against dismissal, saying there was no dishonesty involved and his client had "an extraordinary and unblemished public record".
The tribunal said it hoped to make a decision on the 74-year-old leader's penalty this week.
Papua New Guinea's public prosecutor has called for the prime minister to be dismissed from office after he was found guilty of official misconduct.
A leadership tribunal yesterday found Sir Michael Somare guilty of 13 counts of filing late and incomplete financial returns to PNG's Ombudsman Commission.
In his sentencing submission, prosecutor Pondros Kaluwin said politicians found guilty of similar offences in the past had not been punished with dismissal.
But he said this case is more serious because Sir Michael is the prime minister and "the higher the office, the higher the responsibility".
Sir Michael's lawyer, Ian Molloy, argued against dismissal, saying there was no dishonesty involved and his client had "an extraordinary and unblemished public record".
The tribunal said it hoped to make a decision on the 74-year-old leader's penalty this week.
Who is Hudson Ramatlap protecting?
By SAM BASIL
Bulolo MP
Bulolo MP
I refer to the comments by the first legislative counsel, Mr Hudson
Ramatlap, and note with great concern that a person who is supposed to
protect the independence of Parliament legislative process is now
making outlandish comments in support of the contemptuous behaviour of
the Prime Minister.
His statement is not only misleading, but calculated to undermine the
seriousness of this matter.
This is not just another political scoring issue here it is an issue
of national importance.
The first misleading statement is his reference that Belden Namah and
Dr PukaTemu whose names are also on the Gazettal Notice.
Their names are not there.
I can pass a copy to him if he so pleases.
I know he has a copy of the notice but deliberately wanted to mention
their names.
This is contemptuous in itself as he is trying to water down the
seriousness of this case and the implications it has on the judiciary.
Secondly, Mr.Ramatlap as a lawyer knows that an appointment does not
take effect until it is gazetted.
It is trite law that a purported performance of duty by a minister
without having his appointment gazetted is null and void.
It can also be noted on the gazettal notice that Mr Pruaitch's
gazettal does not mention him as Finance and Treasury Minister to show
that he is a finance minister suspended on full pay, or to confirm
that this is just a republishing of the original Gazettal dated 13th
September 2007 as claimed by Mr Ramatlap.
Instead it is a new portfolio (State Minister assisting PM) and that
portfolio takes effect upon gazettal.
This is also deliberately stated by Mr Ramatlap to further confuse the
public of the serious nature of the matter.
Mr Pruaitch and Mr Ramatlap are alleging that the decision of the
Supreme Court does not stop the Prime Minister from appointing a
Minister.
In other words, they are claiming that the Prime Minister had
unfettered powers to appoint a Minister, even in contempt of the
Supreme Court Order.
How sensible is that?
I have sought opinion on the Supreme Court decision and whilst the
decision does not state the details of being suspended on pay, which
is left to be an administrative matter, the decision in no uncertain
terms declares Mr Pruaitch automatically suspended as a leader.
Mr Pruaitch is not attending Parliament sitting or attending NEC
decisions which is the effect of him being suspended as a "leader".
It follows that Mr Pruaitch's justification of his new portfolio can
be said that he wants to be a minister without the name "leader"
because under the name leader, he is suspended.
Can the Judiciary see how important it is to protect its independence
or continue to subject itself from political interference?
I am concerned because we are setting double standards and weakening
the institutions that we look up to as our beacon of hope.
Where is the rule of law?
The Prime Minister is in clear contempt and should be cited for
contempt of court.
I reiterate that this is not the first time that the Prime Minister did this.
He is known for interfering and scandalising the judiciary.
We cannot allow that to happen.
I do not need to influence the judiciary as they are learned people
who know the legal implications of this issue.
What I am saying here is my concern as a national leader to protect
the independence of the judiciary.
Tribunal finds prime minister guilty of 13 counts
By JULIA DAIA BORE and JACOB POK
THE courtroom was packed to capacity when the decision was handed down at 1.30pm, The National reports.
Prime Minister Sir Michael Somare sat expressionless as the judgment was read by tribunal chairman Roger Gyles, in summary.
It took no more than five minutes as he summarised the tribunal’s main findings.
The tribunal also said they would be making recommendations, relating to this proceeding, to the head of state, the governor-general.
However, prior to making any recommendations to Government House, pursuant to section 27(5) of the Organic Law on leadership, it would “provide an opportunity for further submissions and/or evidence”.
These, it will hear today at 9.30am through submissions on penalty from both parties.
Sir Michael is the first prime minister to be tried by the leadership tribunal in relation to his annual returns from 1994 to 1997.
The not guilty and dismissed charges related to his returns between May 1997 and May 2004.
The latter years were regarded as “unnecessary” and not pressed by the prosecution because they were outside the 1994-97 period which the Ombudsman Commission had initially investigated and brought charges against in 2006.
Of the 13 guilty charges, eight were allegations relating to incomplete statements while five counts were related to delay in providing such statements to the ombudsman.
In the 44-page judgment, the judges explained that there were no other allegations of corrupt practices or breach of any substantive provisions of the Organic Law on leadership by Sir Michael except the allegations on delay and incomplete statements.
In respect of Sir Michael’s duty under section 4 of the Organic Law on leadership, to provide to the Ombudsman Commission timely and complete annual financial statements, the tribunal:
* Found him not guilty of all three of the effective allegations against him of misconduct in office by failure to provide such statements, namely allegations 2, 3 and 4, and had summarily dismissed two others, namely allegations 1 and 5, as unnecessary;
* Found him guilty of all five of the effective allegations against him of misconduct in office by delay in providing such statements to the Ombudsman Commission, namely allegations 7, 8, 9, 10 and 12, and had summarily dismissed three others, namely allegations 6 and 13 as unnecessary and allegation 11 as it was not pressed by the public prosecutor; and
* Found him guilty of the eight effective allegations against him of misconduct in office by providing to the Ombudsman Commission incomplete statements, namely allegations, 15, 16, 18, 19, 20, 21, 23 and 24, and had summarily dismissed four others, namely allegations 14 and 25 as unnecessary and allegations 17 and 22 as they were not pressed by the public prosecutor.
 |
| Prime Minister Sir Michael Somare leaving the Waigani court premises with his deputy Sam Abal after yesterday's leadership tribunal found the prime minister guilty of 13 counts.-Nationalpic by EKAR KEAPU |
Prime Minister Sir Michael Somare sat expressionless as the judgment was read by tribunal chairman Roger Gyles, in summary.
It took no more than five minutes as he summarised the tribunal’s main findings.
The tribunal also said they would be making recommendations, relating to this proceeding, to the head of state, the governor-general.
However, prior to making any recommendations to Government House, pursuant to section 27(5) of the Organic Law on leadership, it would “provide an opportunity for further submissions and/or evidence”.
These, it will hear today at 9.30am through submissions on penalty from both parties.
Sir Michael is the first prime minister to be tried by the leadership tribunal in relation to his annual returns from 1994 to 1997.
The not guilty and dismissed charges related to his returns between May 1997 and May 2004.
The latter years were regarded as “unnecessary” and not pressed by the prosecution because they were outside the 1994-97 period which the Ombudsman Commission had initially investigated and brought charges against in 2006.
Of the 13 guilty charges, eight were allegations relating to incomplete statements while five counts were related to delay in providing such statements to the ombudsman.
In the 44-page judgment, the judges explained that there were no other allegations of corrupt practices or breach of any substantive provisions of the Organic Law on leadership by Sir Michael except the allegations on delay and incomplete statements.
In respect of Sir Michael’s duty under section 4 of the Organic Law on leadership, to provide to the Ombudsman Commission timely and complete annual financial statements, the tribunal:
* Found him not guilty of all three of the effective allegations against him of misconduct in office by failure to provide such statements, namely allegations 2, 3 and 4, and had summarily dismissed two others, namely allegations 1 and 5, as unnecessary;
* Found him guilty of all five of the effective allegations against him of misconduct in office by delay in providing such statements to the Ombudsman Commission, namely allegations 7, 8, 9, 10 and 12, and had summarily dismissed three others, namely allegations 6 and 13 as unnecessary and allegation 11 as it was not pressed by the public prosecutor; and
* Found him guilty of the eight effective allegations against him of misconduct in office by providing to the Ombudsman Commission incomplete statements, namely allegations, 15, 16, 18, 19, 20, 21, 23 and 24, and had summarily dismissed four others, namely allegations 14 and 25 as unnecessary and allegations 17 and 22 as they were not pressed by the public prosecutor.
Monday, March 21, 2011
Highlands farming field day at Tambul
By MALUM NALU
Picturesque Tambul, Western Highlands, on the foothills of the majestic Mt Giluwe, came alive last Saturday when National Agricultural Research Institute (NARI) highlands regional centre staged its third annual field day.
This event coincided with the 46th NARI council meeting which was held at Tambul last Friday, however, a lower-than-anticipated crowd attended the event.
An icy-cold typical Tambul downpour also cut short the event and had visitors running for cover.
With the theme ‘Enhancing sustainable farming for rural farmers’, the event provided an opportunity for the people of Tambul and visitors alike to learn about activities undertaken, meet scientific and technical staff, tour the grounds and facilities, and gather information on other activities NARI undertakes throughout the country.
This event provided the chance to people to find out more about the research and development activities undertaken by NARI in the high altitude highlands region of PNG and how they can source and adopt them.
Tambul MP and Minister for Civil Aviation, Benjamin Poponawa, was the chief guest, and was disappointed that not many people attended, given that his electorate is the capital of potatoes and fresh vegetables in the country.
‘Many more of our people should be here, however, they are not aware of the event,” he said.
“There should be more awareness about such activities in future.”
NARI council chairman Dr John Kola urged the local people to be proud that such an important institution was located on their land, and urged them to look after it.
“What is developed here will benefit the whole country,” he told them.
“When you look after this place, you are contributing to the development of Papua New Guinea.”
Major activities that were displayed and demonstrated include kaukau (sweet potato) silage-making for pig feed, village broiler production, improved pasture species, wheat milling and cooking, high-yielding pyrethrum clones, early-maturing kaukau varieties, and mini tuber production of selected potato clones.
Representatives from divisions of primary industry in Enga and Western Highlands provinces, Enga Pyrethrum Company, National Development Bank, National Micro-Bank, Correctional Services of Baisu, Porgera Joint Venture, Christian Leaders Training College, Tambul/Nebilyer district administration, Fresh Produce Development Agency, Jiwaka Women’s Association, Highlands Farmers and Piggery Association, MKL Vegetables, Laiagam district project office, farmers, and school children, attended the day.
Field days such as the one staged in Tambul are one of the means that NARI uses to allow stakeholders to come together to share information, exchange views and see for themselves the agricultural technologies and innovations being developed and tested.
Similar open days are organised in all NARI regional centres around the country, including the annual innovations show, which will be staged on May 5 at the Sir Alkan Tololo Research Centre at Bubia, outside Lae.
 |
| Fresh Produce Development officer Conrad Anton (right) explains the work of FPDA at the field day.-Picture by MALUM NALU |
This event coincided with the 46th NARI council meeting which was held at Tambul last Friday, however, a lower-than-anticipated crowd attended the event.
An icy-cold typical Tambul downpour also cut short the event and had visitors running for cover.
With the theme ‘Enhancing sustainable farming for rural farmers’, the event provided an opportunity for the people of Tambul and visitors alike to learn about activities undertaken, meet scientific and technical staff, tour the grounds and facilities, and gather information on other activities NARI undertakes throughout the country.
This event provided the chance to people to find out more about the research and development activities undertaken by NARI in the high altitude highlands region of PNG and how they can source and adopt them.
Tambul MP and Minister for Civil Aviation, Benjamin Poponawa, was the chief guest, and was disappointed that not many people attended, given that his electorate is the capital of potatoes and fresh vegetables in the country.
‘Many more of our people should be here, however, they are not aware of the event,” he said.
“There should be more awareness about such activities in future.”
NARI council chairman Dr John Kola urged the local people to be proud that such an important institution was located on their land, and urged them to look after it.
“What is developed here will benefit the whole country,” he told them.
“When you look after this place, you are contributing to the development of Papua New Guinea.”
Major activities that were displayed and demonstrated include kaukau (sweet potato) silage-making for pig feed, village broiler production, improved pasture species, wheat milling and cooking, high-yielding pyrethrum clones, early-maturing kaukau varieties, and mini tuber production of selected potato clones.
Representatives from divisions of primary industry in Enga and Western Highlands provinces, Enga Pyrethrum Company, National Development Bank, National Micro-Bank, Correctional Services of Baisu, Porgera Joint Venture, Christian Leaders Training College, Tambul/Nebilyer district administration, Fresh Produce Development Agency, Jiwaka Women’s Association, Highlands Farmers and Piggery Association, MKL Vegetables, Laiagam district project office, farmers, and school children, attended the day.
Field days such as the one staged in Tambul are one of the means that NARI uses to allow stakeholders to come together to share information, exchange views and see for themselves the agricultural technologies and innovations being developed and tested.
Similar open days are organised in all NARI regional centres around the country, including the annual innovations show, which will be staged on May 5 at the Sir Alkan Tololo Research Centre at Bubia, outside Lae.
Do away with ‘paper farmers’
By MALUM NALU
Tambul-Nebilyer MP and Civil Aviation Minister Benjamin Poponawa says the lessons of the massive corruption involved in the national agriculture development plan (NADP) must never be repeated if agriculture in Papua New Guinea is to prosper.
Poponawa, an outspoken critic of the NADP despite being in government and a member of the ruling National Alliance, said this last Saturday at the Nation Agriculture Research Institute field day at its high altitude research station in Tambul.
Tambul-Nebilyer is famous for producing the best potatoes and fresh vegetables in the country, and is already contributing in a big way towards development of agriculture in this country, with the research station.
It also has some of the best services found in a rural area such as good roads, health, education, mobile phone, district treasury and internet to enable NARI scientists and local people to be in touch with the world.
Tribal fighting and law and order issues have been kept to a bare minimum, and local people respect government facilities at the station.
Poponawa has, in the past, been blunt in his anger at NADP funds being stolen by “paper farmers” in Waigani who may have never touched a fork or spade in their lives.
“We already know the experience of the NADP,” he said at the field day.
“The people who ran the NADP did not think about the people, rather, about filling their own pockets.”
Poponawa called on the government not to forget about agriculture, despite the massive resource developments in the country such as gas, minerals and oil.
“Agriculture will be with us all the time,” he said.
“Gas, oil and gold will run out.
“The government should give more recognition to agriculture.”
Poponawa, who announced that he would give K50, 000 from his electoral funds to support the work of NARI, commended the organisation for its work in assisting the farmers of PNG.
“Tambul is privileged for NARI to be based here,” he said.
“NARI is an organization for the whole of PNG so I appeal to you, the local people, not to disrupt the work of NARI.
“I also thank NARI council for choosing to have its meeting in Tambul, rather than an expensive hotel in town.
“We want more scientists to come and be based here at Tambul.
“We have everything here.
“We have created a more-conduicive environment for scientists to come and be based here.”
 |
| Tambul-Nebilyer MP and Civil Aviation Minister Benjamin Poponawa (right) listening attentively to NARI dought preparedness project team leader Akkinapally Ramakrishna at the field day in Tambul.-Picture by MALUM NALU |
Poponawa, an outspoken critic of the NADP despite being in government and a member of the ruling National Alliance, said this last Saturday at the Nation Agriculture Research Institute field day at its high altitude research station in Tambul.
Tambul-Nebilyer is famous for producing the best potatoes and fresh vegetables in the country, and is already contributing in a big way towards development of agriculture in this country, with the research station.
It also has some of the best services found in a rural area such as good roads, health, education, mobile phone, district treasury and internet to enable NARI scientists and local people to be in touch with the world.
Tribal fighting and law and order issues have been kept to a bare minimum, and local people respect government facilities at the station.
Poponawa has, in the past, been blunt in his anger at NADP funds being stolen by “paper farmers” in Waigani who may have never touched a fork or spade in their lives.
“We already know the experience of the NADP,” he said at the field day.
“The people who ran the NADP did not think about the people, rather, about filling their own pockets.”
Poponawa called on the government not to forget about agriculture, despite the massive resource developments in the country such as gas, minerals and oil.
“Agriculture will be with us all the time,” he said.
“Gas, oil and gold will run out.
“The government should give more recognition to agriculture.”
Poponawa, who announced that he would give K50, 000 from his electoral funds to support the work of NARI, commended the organisation for its work in assisting the farmers of PNG.
“Tambul is privileged for NARI to be based here,” he said.
“NARI is an organization for the whole of PNG so I appeal to you, the local people, not to disrupt the work of NARI.
“I also thank NARI council for choosing to have its meeting in Tambul, rather than an expensive hotel in town.
“We want more scientists to come and be based here at Tambul.
“We have everything here.
“We have created a more-conduicive environment for scientists to come and be based here.”
Somare found guilty of official misconduct
By ABC Papua New Guinea correspondent Liam Fox
Papua New Guinea's prime minister has been found guilty of official
misconduct after failing to properly lodge financial returns.
It was alleged Sir Michael Somare failed to properly lodge more than a
decade's worth of annual financial returns with PNG's corruption
watchdog.
A special leadership tribunal made up of three foreign judges found
him guilty of five counts of filing returns late.
It also found him guilty of eight counts of filing incomplete returns
after he left out details of his salary and bank balances.
But he was found not guilty of failing to lodge any returns at all
over a three-year period in the 1990s.
The tribunal will hear submissions on penalties tomorrow.
Politicians who have been found guilty of similar offences in the past
have been handed small fines
Ruling on prime minister set for 1.30pm
By JULIA DAIA BORE
PRIME Minister Sir Michael Somare will know by the end of today
whether he is guilty of the 25 misconduct charges against him under
the leadership tribunal which heard evidence last week, The National
reports.
His fate will be determined by the tribunal based on a decision on
liabilities that will be handed down by three eminent judges – Roger
Gyles, Sir Bruce Robertson and Sir Robin Auld.
The tribunal said in a media statement last Friday that its findings
would be handed down at 1.30pm today.
Sir Michael had been accused of breaching the leadership code by
failing to submit his financial earnings for 1994-97.
The tribunal statement read: "The leadership tribunal, enquiring into
the allegations of misconduct in office by Sir Michael Somare, PM,
will deliver its decision on liability at 1.30pm on Monday, March 21,
2011."
The 25 charges laid against Sir Michael, and his referral in October
2006 by then former chief ombudsman Ila Geno, were categorised into
three main groups:
* Failing without reasonable excuse to give annual statements to the
Ombudsman Commission – under which there were five separate instances;
* Failure to give annual statements, at least once in every period of
12 months: in which eight individual charges were cited; and
* Incomplete annual statements; for which, 12 individual charges were cited.
Before the tribunal rose for the day last Tuesday, after giving its
final reasons about why the three members each chose not to suspend
the prime minister while the tribunal was in progress, which were
based on submissions from both the prosecution and the defence
lawyers, tribunal chairman Gyles said: "Supposing we deliver our
decision on liabilities on, say Friday (March 18), then Monday or
Tuesday next week will be set for more evidence.
"That is, if we find any liabilities, you need to call evidence on that."
Liabilities are the alleged legally accountable responsibilities –
hence, the charges – which could be held against Sir Michael relating
to his annual returns for 1994 to 1997, which he had allegedly not
filed with the Ombudsman Commission, declaring his annual earnings.
And, the tribunal noted, that if the prime minister did fill his
annual returns, then, he did not do so and submit them to the OC, on
time; or that, if the forms were filled, then they were not filled out
fully.
Sunday, March 20, 2011
Prime minister in contempt of court again.
By SAM BASIL
Bulolo MP
The Prime Minister caused the Publication of the National Ministers constituting the NEC and their respective Responsibilities in the Nation al Gazette on Thursday 3rd March 2011, National Gazette No. G57 of 2011.
In the publication, particularly Schedule 30 provides that Patrick Pruaitch as the Minister for State Assisting the Prime Minister.
This is in direct contempt of the Orders of the Supreme Court in the case of Pruaitch v Manekn [2010] PGSC 7;SCl052 (31 May 2010) where the Supreme Court declared that the leader was automatically suspended when the charges were served on the Tribunal.
The highest Court of the land constituting Kirriwom J, Gavan-Nanu and Davani JJ declared that the leader was suspended forthwith.
How could the PM then appoint him to be a minister of his cabinet?
The Tribunal is yet to hear the case against Mr. Pruaitch and as far as I could recall, there was no court order setting aside the Supreme Court Orders.
Until the tribunal finally determines the allegations and unless a five-man bench of the Supreme Court overturns the decision of the Supreme Court in the above case, the orders are still effective.
Any action in derogation of that decision is clearly contempt.
The appointment and publication in the National Gazette is a clear case for contempt on the face of court.
This is a clear disrespect of the court orders and so I urge the registrar of the National and Supreme Court or the Chief Justice to cite the Prime Minister Sir Michael Thomas Somare for contempt.
If the PM can act in contempt of the decision of the highest court on the land then what is there for this country?
This is not the first time the PM had interfered and defeated the course of justice.
In 1979, Nahau Rooney who was then the Minister for Justice was imprisoned for interfering with the judiciary citing her for contempt.
Sir Michael was the Prime Minister at that time and released her on license after she had served one day of her sentence which prompted the mass resignation of five judges including the Chief Justice.
This was the first ever constitutional crises only four years after Independence.
I do not know whether the same can be done.
If the judiciary is adamant to protect its independence and most importantly, its orders, I suggest the judges should resign.
If the PM cannot obey the orders, what good is there for the Judiciary to hold on?
Judiciary is seen as the last beacon of hope.
People do not want to accept the decisions of the National Parliament and the executive government and are always going to Court and when such a decision is handed down, they accept it.
However, with such disrespect at the highest, it destroys everything that the judiciary holds on.
The damages this veteran MP and PM has done so far is far too great
Bulolo MP
The Prime Minister caused the Publication of the National Ministers constituting the NEC and their respective Responsibilities in the Nation al Gazette on Thursday 3rd March 2011, National Gazette No. G57 of 2011.
In the publication, particularly Schedule 30 provides that Patrick Pruaitch as the Minister for State Assisting the Prime Minister.
This is in direct contempt of the Orders of the Supreme Court in the case of Pruaitch v Manekn [2010] PGSC 7;SCl052 (31 May 2010) where the Supreme Court declared that the leader was automatically suspended when the charges were served on the Tribunal.
The highest Court of the land constituting Kirriwom J, Gavan-Nanu and Davani JJ declared that the leader was suspended forthwith.
How could the PM then appoint him to be a minister of his cabinet?
The Tribunal is yet to hear the case against Mr. Pruaitch and as far as I could recall, there was no court order setting aside the Supreme Court Orders.
Until the tribunal finally determines the allegations and unless a five-man bench of the Supreme Court overturns the decision of the Supreme Court in the above case, the orders are still effective.
Any action in derogation of that decision is clearly contempt.
The appointment and publication in the National Gazette is a clear case for contempt on the face of court.
This is a clear disrespect of the court orders and so I urge the registrar of the National and Supreme Court or the Chief Justice to cite the Prime Minister Sir Michael Thomas Somare for contempt.
If the PM can act in contempt of the decision of the highest court on the land then what is there for this country?
This is not the first time the PM had interfered and defeated the course of justice.
In 1979, Nahau Rooney who was then the Minister for Justice was imprisoned for interfering with the judiciary citing her for contempt.
Sir Michael was the Prime Minister at that time and released her on license after she had served one day of her sentence which prompted the mass resignation of five judges including the Chief Justice.
This was the first ever constitutional crises only four years after Independence.
I do not know whether the same can be done.
If the judiciary is adamant to protect its independence and most importantly, its orders, I suggest the judges should resign.
If the PM cannot obey the orders, what good is there for the Judiciary to hold on?
Judiciary is seen as the last beacon of hope.
People do not want to accept the decisions of the National Parliament and the executive government and are always going to Court and when such a decision is handed down, they accept it.
However, with such disrespect at the highest, it destroys everything that the judiciary holds on.
The damages this veteran MP and PM has done so far is far too great
Major breakthrough in fight against potato disease
From MALUM NALU in Tambul
National Agriculture Research Institute (NARI) had made a major breakthrough in the fight against the dreaded potato late blight (PLB), which just about decimated Papua New Guinea's K25 million potato industry in 2003.
It comes in the nick of time with the lucrative liquefied natural gas project just around the corner, and provides an added sense of food security with real fears of another prolonged drought.
NARI, with support from Australian Centre for Integrated Agricultural Research (ACIAR), has developed new PLB-resistant clones, which were showcased at its field day at the high altitude highlands regional centre at Tambul, Western Highlands, yesterday (Saturday (March 19).
Farmers, visitors and NARI council members were able to see first-hand the new clones, which will be officially released at NARI's annual agricultural innovations show at Bubia outside Lae in May.
The disease – caused by a fungal agent called Pythorthora infastans - remains a major concern for potato farmers in PNG, as it is easily transported by wind under moist and humid conditions, especially so in the highlands where it can rapidly multiply and spread over long distances in short times.
It has, to an extent, been controlled by expensive chemical fungicides and integrated disease management (IDM) systems.
NARI research has identified the behavior and type of PLB present in PNG, identified suitable chemical fungicides for PNG, and identified the PLB-resistant clones.
NARI director-general Dr Raghunath Ghodake told farmers, visitors and council members – who had their meeting in Tambul last Friday – that these outcomes would help PNG farmers to successfully grow potato again for cash income as well as food security.
"We now have three to four varieties of potato which are tolerant (to PLB)," he said.
"These will be released in May (at NARI's agricultural innovations show).
"These can be grown here at Tambul and people throughout PNG will benefit.
"Other stakeholders like Fresh Produce Development Agency (FPDA), will also benefit from our research, and will provide seeds to farmers as well as extension services."
Apart from the work of NARI and FPDA in getting PNG's potato industry back on a firm foothold, an exciting independent potato project in Lagaip-Porgera, Enga province – spearheaded by local MP Philip Kikala – was also showcased at the field day.
The project, led by former NARI scientist Humphrey Saese, is aimed at building capacity for high health seeds and sustainable potato production in Lagaip-Porgera and involves construction of three screen houses for producing mini-tubers.
"We are building three screen houses to take in 12,000 plantlets," Saese said in Tambul.
"That capacity will produce about four tones of mini-tubers."
Saese said he expected about 50 tonnes of seed production by June this year in Lagaip-Porgera from the work they had already done, including training and extension programmes, as well as introducing PLB-resistant lines to farmers.
Friday, March 18, 2011
‘Tribunal acted beyond powers’
Decisions made could be voided, says Donigi
THE prime minister's tribunal is exercising powers that it does not have and that decisions made by it could be voided, a prominent lawyer said in Port Moresby yesterday, The National reports.
Constitutional lawyer, ambassador Peter Donigi, said the tribunal had been asked to interpret and apply a constitutional law, which is the exclusive preserve of the Supreme Court and of no lesser court, including tribunals.
As section 142 (6) of the constitution, which has never been tested, is being interpreted on the question of suspension of Prime Minister Sir Michael Somare, Donigi said that job was rightly vested in the Supreme Court under section 18 of the constitution.
A member of the tribunal, Sir Robin Auld, has already alluded to the tribunal being forced to act beyond its powers when it was asked to decide whether or not to suspend the prime minister.
Donigi said the matter could be rectified if the Ombudsman Commission appealed any decision or made a constitutional reference to the Supreme Court.
That very issue will come to the fore when the tribunal hands down its decision at 1.30pm on Monday (see lead story).
Donigi was especially critical of the counsel in the tribunal who had failed so far to draw the attention of members of the tribunal to the existence of section 18(1) and section 18(2) of the constitution.
Those provisions provided plainly that, in the event a question of interpreting or applying the constitution arises in a lower court or a tribunal, that question must be referred to the Supreme Court.
It alone was vested with the powers to interpret the constitution, he said.
In a statement, Donigi said that the chief justice did not err in law and neither was the tribunal guilty in making a decision not to suspend the PM.
He said: "However, in my view both counsel for the prosecution and that of the prime minister had erred substantially in their respective duty as officers of the court on a matter of prime constitutional importance to this nation," Donigi said.
"They have failed to draw the attention of the members of the tribunal to the existence of section 18(1) and 18(2) of the constitution.
"It would appear to me that a question of constitutional question has arisen in the matter of interpretation and application of section 142(6) of the constitution because this is the first time in the history of this country that this question has arisen.
"There are, therefore, no precedents for the tribunal to follow.
"The tribunal, therefore, is duty-bound and has no option but to find facts and refer the question to the Supreme Court for its opinion on whether the prime minister should be suspended.
"If one is to read the constitutional planning committee report, one will find that it was very explicit about the prime minister being one among equals.
"The only power that he exercises, which no one else has, is the power to appoint ministers and to remove them from office.
"We have had a travesty of justice by failure of the lawyers to perform their duty to up hold the rule of law in this nation.
"Unfortunately, the laws that we have adopted from England are not all together clear on the definition of the term 'may' as is used in section 142(6) of the constitution.
"All precedents say that the word 'may' can be interpreted as obligatory in some cases and, in other cases, as discretionary depending on the circumstances of each particular case.
"So, it would seem to me that the question of its interpretation and application is a matter for the Supreme Court to decide and not the tribunal.
"The tribunal has, therefore, erred in exercising powers it does not have under our constitution. In law, it can be said that the tribunal had acted beyond its powers by virtue of section 18 of the constitution and its ruling that the prime minister stays in office, therefore, is voidable.
"These are matters of law that could be rectified by an appropriate appeal or by a constitutional reference by the Ombudsman Commission."
Monday D-Day for prime minister
THE leadership tribunal enquiring into misconduct allegations against Prime Minister Sir Michael Somare is expected to hand down its decision on liability at 1.30pm on Monday or thereafter, chairman Roger Gyles' office said yesterday,The National reports.
The tribunal, enquiring for the first time into misconduct charges into a reigning prime minister, took four days to hear evidence.
It involved judges from three common law countries (United Kingdom, Australia and New Zealand) who were given the unprecedented task of deciding whether or not to suspend Sir Michael while the tribunal was in progress.
The tribunal of eminent judges Gyles, Sir Bruce Robertson and Sir Robin Auld decided on Monday to not suspend him.
The tribunal was tasked to enquire into 25 charges relating to Sir Michael's annual returns from 1994 to 1997.
In the event that the tribunal finds shortcomings against Sir Michael, the question of penalty is already provided for under the law.
Under the Organic Law on Duties and Responsibilities of Leadership, if the tribunal finds the leader liable (or guilty) of the misconduct charges, "it shall recommend to the appropriate authority that:
lHe (the leader) be dismissed from office or position; or
lAs permitted: "firstly, that the penalties (under the Leadership Code [Alternative Penalties] Act 1976) that may be recommended and imposed under and for the purposes of section 28 (1A) of the constitution and section 27(5)(b) of the Organic Law on Duties and Responsibilities of Leadership are that the person found guilty of misconduct in office are:
a)Be fined a amount fixed by the tribunal, not exceeding K1,000;
b)Be ordered by the appropriate authority to enter into his recognisance in a reasonable amount, not exceeding K500, fixed by the tribunal that he will comply with division III.2 (leadership code) of the constitution and with the Organic Law during a period fixed by the tribunal, not exceeding 12 months from the date of the announcement, unders ection 27(6) of he Organic Law, of the decision of the tribunal;
c)Be suspended, without pay, from office or position from a period not exceeding three months from the date of commencement of the suspension; or
d)Be reprimanded."
Thursday, March 17, 2011
Highlands Pacific Ltd: US$10m profit for 2010
HIGHLANDS Pacific Ltd, operator of the Frieda copper/gold project, posted a net profit of US$10.3 million last year, The National reports.
The figure was considered a significant increase from the previous year’s only US$1.1 million.
However, the company’s cash reserves dropped to US$21 million last year from the previous year’s US$24 million.
The key feature in last year’s performance was the gain of US$18 million on the Frieda project, which continued to make significant progress.
Last November, the project moved to the feasibility study stage and last month, the resource inventory increased substantially.
The amount carried in the accounts now reflected the full book value expended by
Another contribution was foreign exchange gain of US$1.2 million due to the appreciation in the Australian dollar against the
The company holds approximately half of its reserves in Australian currency and these are re-valued to US dollars for reporting purposes.
The exploration, evaluation and development expenditure of US$4.3 million provided for expenditure on the
HPL managing director John Gooding said 2010 had been an excellent year with respect to the Frieda project and the exploration programme at
He said Frieda had made significant progress last year under the management of Xstrata and still had a lot more potential in terms of resource inventory.
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“Our
Huli of a show
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| The Huli Duna cultural group from PNG was the best, attracting the young and old, during the Kundu music at the World Music Festival in Adelaide, Australia, last weekend. |
Chairman Simon Bole said, with the strict restrictions, the group was denied performance on Friday and Saturday but with the intervention by organisers, the Australian government allowed the groups’ traditional gear.
Adelaide media stated in its reports that the festival has sold out a record 334,000 tickets over the weekend fest and the Huli group was the first from PNG to perform.
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