By MALUM NALU
FORMER PNG Medical Society (PNGMS) president Dr Mathias Sapuri has been alleged to have misused society funds totalling almost K1 million, The National reports.
Society treasurer and medical doctor Prof Glen Mola, in a no-holds barred report to be presented at the PNG Medical Symposium in Kimbe, West New Britain, next week, said it would be up to the symposium to decide on what course of action to take against Sapuri for unaccounted funds totalling K820,614.
This includes Sapuri's withdrawal of K100,000 from the society's account in Wewak in August last year, a day after he was replaced by Prof Nakapi Tefuarani.
Sapuri, when contacted yesterday, said the allegations were "highly defamatory" and that he would be presenting a fully-audited reported for 2009-10 at the symposium next week.
He said legal action would be sought against Mola if the allegations were found to be "false".
"This is all being cooked up," Sapuri said.
"These people are trying to smear my reputation."
Sapuri sent an email to Mola earlier this week expressing his concern about the information being released.
"I must say that I am disappointed with your approach regarding this matter," he told Mola.
"I wrote to the president (Tefuarani) requesting that I present the full financial report and the audit at the Kimbe annual general meeting (AGM).
"I am advised that I will do so by presenting my exit report as the former president together with the above.
"I will not disseminate my report as you have done but will present in person at the AGM.
"All the members should hear the other side of the story."
Mola said in the report that over the past three years, the executive of the PNGMS had spent budgets totalling more than K1 million; but for some K820,614, it was not clear from the cheque butts, and other records, who was the actual beneficiary of these monies — there were no records of payees on the society's cheque book butts.
"We have not been able to obtain any records of acquittal of these monies," he said.
"At a face-to-face meeting between the current executive and Sapuri on Jan 7, he (Sapuri) made a commitment to supply acquittal details for all the cash monies that he had withdrawn from the society's bank accounts by the middle of January.
"This has not occurred.
"The accountant who has been engaged by PNGMS since 2007 — RAM Business consultants, Rex Paki — met with the president and treasurer on Feb 4 and brought draft financial statements for our perusal.
"The problem with all financial statements of the society — since RAM business consultants have been the society accountant — is that there are no details of payees recorded; that is, there are no details as to who actually receives the monies for things like medical symposium expenses, accommodation, hire, meeting expenses, fund raising expenses, rental, allowances, consultancy fees.
"The executive sought a legal opinion from Greg Sheppard of Young and Williams Lawyers as to the legal status of this withdrawal.
"Sheppard responded on May 11 to say 'Sapuri should be referred to the police for criminal investigation and prosecution for committing fraud and stealing offences under the Criminal Code':
"The president has indicated that he will seek the views of the members of the society at the AGM with regards what course of action should be taken.
"In addition, when the new executive took over on Sept 1, 2010, society admin officer Ms Rose Solien informed the executive that Dr Sapuri had taken all the members' subscriptions amounting to approximately K90, 000 – 100,000.
"This money has never been deposited into the society account.
"The treasurer also wrote to accountant Rex Paki on March 28, 2011, requesting information with regards the acquittal of these cash withdrawals.
"Neither party has responded to these written requests."
Friday, September 02, 2011
Namah urges family not to rush Sir Michael
Deputy Prime Minister Belden Namah has called on the so mare family and parliamentarians from the former government not to "pressure" the Grand Chief into making "rushed decisions", The National reports.
Namah said in reaction to The National's front page story yesterday on a signed statement from Sir Michael Somare sent by his daughter Betha, saying he was still the legally elected prime minister.
In a media conference in Port Moresby yesterday, Namah said the Grand Chief should not be forced to return from Singapore where he is recovering from an open heart surgery and two corrective operations.
"The Grand Chief must be allowed to fully recover at his own time without being hassled by family members and close associates to make decisions," Namah said.
He claimed that last week Sir Michael had been hassled over the national radio to declare that he wanted to celebrate the 36th Independence anniversary in the country.
Namah said while the nation continued to pray for the Grand Chief's speedy recovery, "that process should not be circumvented by individuals and groups who have sinister motives and vested interests".
Namah, whose government took power on Aug 2, said Sir Michael's health was far more important than him returning home to celebrate independence on Sept 16.
"Arthur and Betha, including the remnants of the previous government, must respect Sir Michael and must not use the media for trial," he said.
He said in the case Sir Michael decided to come back to the country earlier than advised by his doctors, "the government will appoint three independent medical practitioners to confirm as to whether he is fit to travel as a former prime minister and the Grand Chief of the country".
Namah, who is speaking on behalf of Prime Minister Peter O'Neill who is in Fiji, said even if Sir Michael was ushered to Papua New Guinea, "there is no guarantee that he will have the numbers to govern the country".
Namah said the people of PNG had spoken through parliament and his government "is legitimate".
"We will not be distracted by remnants of the former regime who cannot accept the fact that there is a new government," he said.
Grand Chief returns
SIR Michael Somare will arrive in Port Moresby on Sunday from Singapore after a four-month absence from Papua New Guinea, his son and Angoram MP Arthur Somare said yesterday, The National reports.
The Grand Chief's travel was necessary following the recall of parliament on Sept 6, Somare said.
Sir Michael's absence from parliament on Tuesday would be his third since he was hospitalised in Singapore, automatically disqualifying him from office as the parliamentary member for East Sepik by operation of law.
This would also have a bearing on the constitutional reference before the Supreme Court challenging the legitimacy of the new government headed by Prime Minister Peter O'Neill.
Somare said: "Rather than run the risk (of being disqualified), we have appealed and he has agreed to make, if you like, the treacherous journey to PNG.
"The flight might be a bit risky but he will, most likely, be accompanied by an Air Niugini doctor.
"He has also been cleared by his physician in Singapore, Dr Chan, to travel."
Somare said all necessary medical clearance was in order and Sir Michael was fit and well to leave Singapore tomorrow, and arriving in Port Moresby on Sunday morning.
Somare emphasised that there would be no official welcome for the Grand Chief on his return.
Yesterday, Deputy Prime Minister Belden Namah called on the Somare family to stop forcing the Grand Chief to make the trip if he was still unwell, saying, if necessary, he would ask doctors to clear him to travel.
Standing orders dictated that a member's presence will be determined by his physical presence in the chamber in order to appear on the roll of the clerk of parliament.
Sir Michael would return to Singapore after he was registered as having attended this session.
Thursday, September 01, 2011
Wartoto’s bail challenge quashed
By SAMUEL RAITANO
THE Waigani District Court yesterday threw out an application by the prosecution to cancel Kokopo businessman Eremas Wartoto's bail, The National reports.
The application was thrown out because there was no evidence supporting the bid to revoke the police bail of K5,000.
The prosecutor in charge of the matter made two separate submissions in court.
The first was to have the hearing adjourned to Sept 30 and that was granted by the court.
However, the second application to revoke Wartoto's bail with conditions imposed on him was not entertained.
In the submission, the prosecutor said senior officers at the Boroko police station had allowed Wartoto bail while overlooking the informant's request to have the bail refused in order for Wartoto to apply for it in court.
The court was told there were other charges to follow those already laid against the defendant.
Wartoto has been charged with two counts of misappropriation allegedly committed in 2009.
It was indicated that several charges for alleged offences committed in 2010 and this year would follow.
The prosecution sought to have Wartoto's passport surrendered to court.
The court was asked that if it decided not to revoke bail, an additional bail be imposed on Wartoto.
Wartoto's lawyer, Alfred Manase of Manase and Company Lawyers, argued that there was no evidence to substantiate the assumptions by the prosecution.
Manase said his client had cooperated with police by attending interviews.
He said police had the power to grant bail to defendants charged with misappropriation.
Manase said Wartoto needed his passport to travel overseas to oversee business interests.
He said Wartoto had businesses in the country
and "such a man will not simply run and hide from justice".
"He is a local businessman and should be supported to continue business to help the country," Manase said.
He said interviews in relation to the issue in court were complete.
After hearing the arguments, magistrate Cosmas Bidar ruled the right to bail was a constitutional right and unless there was new evidence or a change of circumstances, Wartoto's bail of K5,000 would be extended.
"Because the defendant is a businessman and needs to travel, no orders will be made in respect to his passport," Bidar ruled.
Wartoto, from Raburua Village, in Gazelle district, East New Britain, is alleged to have dishonestly put to use monies belonging to the State on separate occasions in 2009.
It is alleged that between Jan 30 and June 3, 2009, Wartoto, being the director and principal signatory to the Sarakolok West Transport Ltd's account, dishonestly applied to his and others' use K6,791,408.20.
The money was drawn from the company's ANZ account number 12621572 in Kokopo.
And, on Oct 14, 2009, in Kokopo, the defendant is alleged to have put to his
and others' use K1,197,483.80 drawn from the same
company's Westpac bank account number 600017950.
The monies allegedly belonged to the State.
Manase told the court that Sarakolok West Transport was Wartoto's private company, had been contracted by Kerevat National High School and had been entitled to about
K8 million.
Wartoto's lawyer said the allegations of misappropriation that was raised from transactions made on these payments would be challenged in a proper court hearing.
The matter will be heard on Sept 30.
Huge turnout at court premises
THE Waigani Court House was heavily manned by police and security guards yesterday for the hearing of the East Sepik provincial government's special Supreme Court Reference, The National reports.
The main gates were locked, while police and court security guards allowed those with genuine reasons to enter the gates from at 1.30pm.
Groups holding anti-East Sepik banners were told to move away from the court gates.
Although they were told to leave the area, people, especially women, were seen sitting in groups opposite the court gates in front of the National Library.
"Wararu mas go bek lo ples blo em na givim sevis lo ol pipol blo em. Ol no votim em lo kam kot na westim taim (Wararu should go back home and deliver basic services to his people. They did not give him the mandate to waste time in court," Apo Mathew from Goroka said.
Activist Noel Anjo said there would be a peaceful sit-in protest soon to persuade the East Sepik government to withdraw the reference.
The main gates were locked, while police and court security guards allowed those with genuine reasons to enter the gates from at 1.30pm.
Groups holding anti-East Sepik banners were told to move away from the court gates.
Although they were told to leave the area, people, especially women, were seen sitting in groups opposite the court gates in front of the National Library.
"Wararu mas go bek lo ples blo em na givim sevis lo ol pipol blo em. Ol no votim em lo kam kot na westim taim (Wararu should go back home and deliver basic services to his people. They did not give him the mandate to waste time in court," Apo Mathew from Goroka said.
Activist Noel Anjo said there would be a peaceful sit-in protest soon to persuade the East Sepik government to withdraw the reference.
ESP court challenge a priority, say judges
THE East Sepik provincial executive council's Supreme Court Reference challenging the constitutional validity of the formation of the O'Neill led government will take precedence over all other court proceedings dealing with issues of similar nature in the National and Supreme courts, The National reports.
This was one of two immediate decisions handed down yesterday by the Supreme Court bench of five senior judges at the Waigani Supreme Court.
The decision was made following intensive discussions relating to another court matter afoot in the Supreme Court in the form of a summons.
That matter relates to similar issues in another Supreme Court proceeding raised by former acting judge Nemo Yalo and which is at the directional hearing stages.
It relates to the constitutionality of the appointment of Sir Arnold Amet as attorney-general in the previous government.
Yalo is questioning the constitutionality in the processes used in the appointment and subsequent swearing into office of Sir Arnold.
Justice Bernard Sakora asked the lawyers present at the ESP executive council reference for their thoughts on the issue.
He said he was of the opinion that the issues of pre-Aug 2, had to be dealt with before the current proceedings.
John Gawi, for the seventh intervener, the National Alliance Inc, said Sir Arnold was no longer the attorney-general neither was Sam Abal the acting prime minister.
Somare: I am still PM
GRAND Chief Sir Michael Somare said from Singapore yesterday that "there has never been a vacancy in the position of prime minister", The National reports.
In a media statement, he said: "Let me be clear. I am ready, willing and able to complete my term as the only legally elected prime minister of Papua New Guinea."
The signed statement, his first since he was hospitalised in April, was e-mailed by daughter Betha Somare to the media.
Prime Minister Peter O'Neill responded last night by saying there was no vacancy to be filled by Sir Michael.
He said: "We welcome the news that the Grand Chief has recovered sufficiently to travel. As a citizen, he is free to travel as and when he pleases and we will accord him the respect he deserves.
"In so far as government is concerned, parliament has spoken overwhelmingly against his (Sir Michael's) government and elected in a new government.
"As he has demonstrated, many times in the past, we expect him to respect the clear mandate of parliament."
Sir Michael's statement read in part: "Sections 142-145 of the Papua New Guinea Constitution are very clear about the election and removal of a prime minister.
"There has never been any vacancy in the position of prime minister.
"As elected representatives, we must uphold the Constitution of Papua New Guinea and respect the independent role of the Supreme Court and, therefore, not pre-empt any judgment.
"O'Neill should know that the East Sepik provincial government is acting fully within its rights to file a Supreme Court reference under section 19 of the Constitution by questioning the legitimacy of the election.
"If O'Neill thinks that his election is legitimate, he should not feel threatened by the actions of the East Sepik provincial government.
"The Supreme Court reference raises legitimate questions and has a right to be heard."
Sir Michael further said the prime minister's recent claims that no law was broken by parliament might invite contempt of the Supreme Court as the very matter of whether or not laws were broken was before the court.
In a media statement, he said: "Let me be clear. I am ready, willing and able to complete my term as the only legally elected prime minister of Papua New Guinea."
The signed statement, his first since he was hospitalised in April, was e-mailed by daughter Betha Somare to the media.
Prime Minister Peter O'Neill responded last night by saying there was no vacancy to be filled by Sir Michael.
He said: "We welcome the news that the Grand Chief has recovered sufficiently to travel. As a citizen, he is free to travel as and when he pleases and we will accord him the respect he deserves.
"In so far as government is concerned, parliament has spoken overwhelmingly against his (Sir Michael's) government and elected in a new government.
"As he has demonstrated, many times in the past, we expect him to respect the clear mandate of parliament."
Sir Michael's statement read in part: "Sections 142-145 of the Papua New Guinea Constitution are very clear about the election and removal of a prime minister.
"There has never been any vacancy in the position of prime minister.
"As elected representatives, we must uphold the Constitution of Papua New Guinea and respect the independent role of the Supreme Court and, therefore, not pre-empt any judgment.
"O'Neill should know that the East Sepik provincial government is acting fully within its rights to file a Supreme Court reference under section 19 of the Constitution by questioning the legitimacy of the election.
"If O'Neill thinks that his election is legitimate, he should not feel threatened by the actions of the East Sepik provincial government.
"The Supreme Court reference raises legitimate questions and has a right to be heard."
Sir Michael further said the prime minister's recent claims that no law was broken by parliament might invite contempt of the Supreme Court as the very matter of whether or not laws were broken was before the court.
Wednesday, August 31, 2011
Pregnant worker shot dead at Tolukuma
MOTHER of two Jacinta Rony was gunned down in broad daylight last Saturday at the Tolukuma gold mine in the Goilala district of Central province, The National reports.
And grieving relatives are now claiming that mine owner Petromin is trying to sweep the killing under the carpet.
Rony, 36, three months pregnant with her third child, died from gunshot wounds to the neck while a male employee was left unconscious by the criminals who had breached security at the mine site. Both were employed by Ipi Mountain Catering, the company which provides catering service to the mine as well as run the canteen to serve the surrounding community.
Family spokesman Air Niugini pilot Captain Joseph Kumasi said yesterday that 48 hours after the killing, neither Petromin nor Ipi Mountain Catering had come forward to provide the family with an official account of what happened.
Instead, the mine had emailed all its managers on Sunday not to talk to the media about it.
The National could not talk to Petromin's corporate manager Sam Inguba who was on recreational leave while calls to managing director Joshua Kalinoe's office were referred to acting public affairs manager Babani Maraga who said a statement would be forthcoming.
Kumasi was also concerned that Petromin did not have the courtesy to notify Rony's husband John Kaima, a mine employee who was on field break in Mt Hagen, of his wife's death.
He added that her IPI colleagues at Tolukuma informed family members in Port Moresby who in turn broke the sad news to Kaima.
Rony, from Numboruon village, Yangoru, East Sepik, had been with Ipi Mountain Catering for the past five years, her recent posting was as supervisor of canteens at Tolukuma mine.
According to relatives, she had closed shop at 3pm and was taking the day's taking to the office when she was ambushed, dying on the spot within minutes of the attack.
Kumasi said the while relatives appreciated that no information of the killing must be made public while police investigations were continuing, they had the right to know whether lack of security personnel at the mine site for non-mining facilities had led to this unfortunate incident.
This was given the fact that mine had embarked on a cost-cutting exercise recently.
Ipi Catering chief executive officer Scott O'Reilly yesterday confirmed the death.
"The employees were set upon by armed criminals on Saturday evening following the close of trade at the company's kiosk near Tolukuma," he said.
O'Reilly said police were now investigating.
And grieving relatives are now claiming that mine owner Petromin is trying to sweep the killing under the carpet.
Rony, 36, three months pregnant with her third child, died from gunshot wounds to the neck while a male employee was left unconscious by the criminals who had breached security at the mine site. Both were employed by Ipi Mountain Catering, the company which provides catering service to the mine as well as run the canteen to serve the surrounding community.
Family spokesman Air Niugini pilot Captain Joseph Kumasi said yesterday that 48 hours after the killing, neither Petromin nor Ipi Mountain Catering had come forward to provide the family with an official account of what happened.
Instead, the mine had emailed all its managers on Sunday not to talk to the media about it.
The National could not talk to Petromin's corporate manager Sam Inguba who was on recreational leave while calls to managing director Joshua Kalinoe's office were referred to acting public affairs manager Babani Maraga who said a statement would be forthcoming.
Kumasi was also concerned that Petromin did not have the courtesy to notify Rony's husband John Kaima, a mine employee who was on field break in Mt Hagen, of his wife's death.
He added that her IPI colleagues at Tolukuma informed family members in Port Moresby who in turn broke the sad news to Kaima.
Rony, from Numboruon village, Yangoru, East Sepik, had been with Ipi Mountain Catering for the past five years, her recent posting was as supervisor of canteens at Tolukuma mine.
According to relatives, she had closed shop at 3pm and was taking the day's taking to the office when she was ambushed, dying on the spot within minutes of the attack.
Kumasi said the while relatives appreciated that no information of the killing must be made public while police investigations were continuing, they had the right to know whether lack of security personnel at the mine site for non-mining facilities had led to this unfortunate incident.
This was given the fact that mine had embarked on a cost-cutting exercise recently.
Ipi Catering chief executive officer Scott O'Reilly yesterday confirmed the death.
"The employees were set upon by armed criminals on Saturday evening following the close of trade at the company's kiosk near Tolukuma," he said.
O'Reilly said police were now investigating.
Judges query law’s status
A PANEL of five judges of the Supreme Court hearing the reference by the Ombudsman Commission on the legality of the Constitutional Amendment Law 2008 yesterday questioned whether it had been made law yet, The National reports.
Lawyers representing the State could not confirm this.
The Speaker was represented by Charles Mande of Kelly Naru Lawyers while the Deputy Solicitor-General Laias Kandi represented the attorney-general.
Chief Justice Sir Salamo Injia asked Mande if the Constitutional Amendment Law 2008 was still a "proposed law" or had already been a "law".
Mande said he was not in a position to confirm it.
Justice Bernard Sakora also wanted to know whether the Speaker's instructions were from the time the amendments were debated in Parliament in 2008 or were they from the current Speaker.
Mande and Kandi said they had received recent instructions from the Speaker and the Attorney-General respectively before appearing in court.
The judges agreed that the two lawyers be given time to consult their clients and adjourn the matter to next Monday.
Lawyers representing the State could not confirm this.
The Speaker was represented by Charles Mande of Kelly Naru Lawyers while the Deputy Solicitor-General Laias Kandi represented the attorney-general.
Chief Justice Sir Salamo Injia asked Mande if the Constitutional Amendment Law 2008 was still a "proposed law" or had already been a "law".
Mande said he was not in a position to confirm it.
Justice Bernard Sakora also wanted to know whether the Speaker's instructions were from the time the amendments were debated in Parliament in 2008 or were they from the current Speaker.
Mande and Kandi said they had received recent instructions from the Speaker and the Attorney-General respectively before appearing in court.
The judges agreed that the two lawyers be given time to consult their clients and adjourn the matter to next Monday.
Wartoto’s bail raises concern
THE government-appointed special investigation team which arrested Kokopo businessman Eremas Wartoto on Monday has questioned why the police released him on bail, The National reports.
Sam Koim, the chairman of the investigation task-force sweep, said in a statement that Wartoto had been charged with an indictable offence and only the National Court had the jurisdiction to deal with the issue of bail in such offences and not the police.
He said because of the nature of the offence, the team had requested police to refuse bail when Wartoto was arrested on Monday.
He said Wartoto was brought to the Boroko police cell and locked up at 1.30pm on Monday.
Koim said he was advised later that Wartoto was released on a K5,000 police bail around 4.20pm.
He said as a matter of protocol and procedure, when there was a request for refusal of bail, the police officer who was exercising powers as a bail authority should first check with the investigating authorities and arresting officers to confirm the nature of the arrest.
He said this was usually done to ensure that if bail was granted, then it must be conditional.
"But in this case, that was not done. I as the chairman of the investigation team express great concern on how a police senior command of NCD and Central saw fit to grant bail to the prisoner of state when he was put into police custody," Koim said in the statement.
Meanwhile, Wartoto failed to appear at the Waigani District Court yesterday.
A lawyer representing Wartoto, from the law firm Manase and Company Lawyers told the court they were not aware that the case was scheduled for yesterday.
He faces charges of misappropriating K7 million of the rehabilitation of education sector development fund belonging to the Kerevat National High School.
The case is expected to be called again today.
‘Ploy to oust Grand Chief'
THE planned recall of parliament next Tuesday has been described as a ploy to disqualify Sir Michael Somare from the East Sepik parliamentary seat he has held for more than 40 years, The National reports.
East Sepik Governor Peter Wararu stated this in a second submission delivered to the Ombudsman Commission yesterday, calling on the watchdog to use its powers to stop parliament from meeting on Sept 6.
Prime Minister Peter O'Neill had announced last week that parliament would be recalled two weeks ahead of schedule to discuss important national issues. Among them were the proposed Hela and Jiwaka provinces and the reserved seats for women.
Public notices to that effect were this week placed in the daily newspapers by Speaker Jeffery Nape, announcing the early recall of parliament.
Wararu said in a statement last night that the national government was recalling parliament early "to force Sir Michael into a third consecutive absence from the meetings of parliament to disqualify him as member under section 104(2)(d) of the Constitution".
He said this was clear from the 24 questions being added to the East Sepik provincial executives' special reference to the Supreme Court by Young & Williams Lawyers on behalf of Prime Minister Peter O'Neill and his deputy Belden Namah.
"These questions focus on creating a vacancy by absenteeism of the Grand Chief from parliamentary meetings," Wararu said.
The latest submission to the Ombudsman Commission was signed by Wararu, East Sepik deputy governor and chairman of assembly services-PEC Toby Samek and Angoram MP Arthur Somare.
It said: "The unconstitutional recall of parliament simply adds another layer of questions on the constitutionality of the decision and action compounding the issues already in the Supreme Court.
"The swiftest legal procedure available is for the Ombudsman Commission to intervene by invoking their powers under section 27(4) of the Constitution to direct that:
. The earlier recall of parliament to Sept 6, 2011, is unconstitutional on the basis that it does not comply with section 2(1)(a)(iii) of the Organic Law in that no exceptional circumstances exist;
.The parliamentary meeting should remain as decided by parliament and adjourned to Sept 20, 2011."
The submission argued that the bills brought forward for debate next Tuesday had appeared on the notice papers for parliament's sitting on Sept 20, and that no new facts or exceptional circumstances had been demonstrated to require an early recall of parliament.
"We, again, reiterate our earlier submission that the matter is still sub-judice in the Supreme Court.
"The primary question in that reference is whether the government, led by O'Neill, is constitutionally formed and legitimate.
"To force a recall of parliament is an attempt to, firstly, assume and, secondly, to reinforce a claim to legitimacy which directly impinges on the primary question before the Supreme Court.
"It is, therefore, contemptuous," the submission read.
East Sepik Governor Peter Wararu stated this in a second submission delivered to the Ombudsman Commission yesterday, calling on the watchdog to use its powers to stop parliament from meeting on Sept 6.
Prime Minister Peter O'Neill had announced last week that parliament would be recalled two weeks ahead of schedule to discuss important national issues. Among them were the proposed Hela and Jiwaka provinces and the reserved seats for women.
Public notices to that effect were this week placed in the daily newspapers by Speaker Jeffery Nape, announcing the early recall of parliament.
Wararu said in a statement last night that the national government was recalling parliament early "to force Sir Michael into a third consecutive absence from the meetings of parliament to disqualify him as member under section 104(2)(d) of the Constitution".
He said this was clear from the 24 questions being added to the East Sepik provincial executives' special reference to the Supreme Court by Young & Williams Lawyers on behalf of Prime Minister Peter O'Neill and his deputy Belden Namah.
"These questions focus on creating a vacancy by absenteeism of the Grand Chief from parliamentary meetings," Wararu said.
The latest submission to the Ombudsman Commission was signed by Wararu, East Sepik deputy governor and chairman of assembly services-PEC Toby Samek and Angoram MP Arthur Somare.
It said: "The unconstitutional recall of parliament simply adds another layer of questions on the constitutionality of the decision and action compounding the issues already in the Supreme Court.
"The swiftest legal procedure available is for the Ombudsman Commission to intervene by invoking their powers under section 27(4) of the Constitution to direct that:
. The earlier recall of parliament to Sept 6, 2011, is unconstitutional on the basis that it does not comply with section 2(1)(a)(iii) of the Organic Law in that no exceptional circumstances exist;
.The parliamentary meeting should remain as decided by parliament and adjourned to Sept 20, 2011."
The submission argued that the bills brought forward for debate next Tuesday had appeared on the notice papers for parliament's sitting on Sept 20, and that no new facts or exceptional circumstances had been demonstrated to require an early recall of parliament.
"We, again, reiterate our earlier submission that the matter is still sub-judice in the Supreme Court.
"The primary question in that reference is whether the government, led by O'Neill, is constitutionally formed and legitimate.
"To force a recall of parliament is an attempt to, firstly, assume and, secondly, to reinforce a claim to legitimacy which directly impinges on the primary question before the Supreme Court.
"It is, therefore, contemptuous," the submission read.
Tuesday, August 30, 2011
Wartoto charged
By JACOB POK
KOKOPO businessman Eremas Wartoto has been arrested, questioned and charged by Port Moresby police, The National reports.
He was locked up at the Boroko police station for three hours yesterday before being released on a
K5,000 police bail.
Wartoto has been charged with misappropriation of K7 million of rehabilitation of education sector implementation (RESI) funding for the Kerevat National High School.
He confirmed with The National last night that his charges were in relation to the school RESI funds.
The school funds involved more than K7 million made in two separate payments.
Special task force on corruption chairman Sam Koim told The National that Wartoto was also being investigated for the K10 million development funds from National Planning and Monitoring which he used to start his airline company, Travel Air, and "a myriad of other companies he owns or controls".
Wartoto, when contacted last night, said he would release a media statement today.
Koim said in a statement Wartoto was the first to be arrested by the task force appointed by the NEC on Aug 11 to investigate allegations of corruption at the department involving about K2 billion.
Yesterday's arrest related to more than K7 million that Wartoto had allegedly received through two separate payments for Kerevat National High School.
Koim said he was charged with misappropriation under section 383(A)(91) of the Criminal Code Act.
"As a matter of law, he is presumed innocent until proven guilty. He must now go through the normal criminal process in court to prove his innocence of the charge laid against him."
Wartoto is expected to appear in court this week.
Government will ensure LLGs are equipped, says Basil
THE national government will ensure that local level government wards in the country are given necessary machinery and vehicles to facilitate the delivery of basic services, National Planning Minister Sam Basil says, The National reports.
He said last week in Kokopo, East New Britain, the government would focus on rural areas which currently lacked basic services.
Basil said LLG managers needed to have bulldozers which they must operate and maintain for at least 2,000 hours, and use them during bad weather to repair roads.
"This way LLGs can fix their roads and open up the market for people in rural areas," he said.
He said LLG managers must each have a police car and an officer who could train 10 locals as reservists to help monitor law and order in the communities.
Basil said police presence must be maintained in rural areas in light of recent land and social problems.
He said an ambulance should be stationed at the LLG level to help those seeking health services
Basil said the VSat system was important to provide communication so that LLGs could be hooked up to a fax machine and access internet to submit reports to the provincial and national governments when needed.
He said a tractor would allow the LLG to plough the land for agricultural use.
Basil said all these could be operated on a user-pay basis but the government must provide these equipment and vehicles so that people could enjoy better services.
He urged parliamentarians to wisely use the K20 million they received from the government on sustainable projects.
He said last week in Kokopo, East New Britain, the government would focus on rural areas which currently lacked basic services.
Basil said LLG managers needed to have bulldozers which they must operate and maintain for at least 2,000 hours, and use them during bad weather to repair roads.
"This way LLGs can fix their roads and open up the market for people in rural areas," he said.
He said LLG managers must each have a police car and an officer who could train 10 locals as reservists to help monitor law and order in the communities.
Basil said police presence must be maintained in rural areas in light of recent land and social problems.
He said an ambulance should be stationed at the LLG level to help those seeking health services
Basil said the VSat system was important to provide communication so that LLGs could be hooked up to a fax machine and access internet to submit reports to the provincial and national governments when needed.
He said a tractor would allow the LLG to plough the land for agricultural use.
Basil said all these could be operated on a user-pay basis but the government must provide these equipment and vehicles so that people could enjoy better services.
He urged parliamentarians to wisely use the K20 million they received from the government on sustainable projects.
Wararu urges Ombudsman Commission to stop parliament meet
THE East Sepik provincial government yesterday called on the Ombudsman Commission to stop the National Executive Council from reconvening parliament next Tuesday, The National reports.
In an urgent submission to Chief Ombudsman Chronox Manek, East Sepik Governor Peter Wararu said parliament's recall before the scheduled Sept 20 meeting was "sub-judice" and "contemptuous" of the Supreme Court which was presently deciding on the legitimacy of the government under Prime Minister Peter O'Neill.
A five-man bench of the Supreme Court is due to hear the matter tomorrow.
O'Neill announced last weekend that parliament would be recalled on Sept 6 to debate important laws pertaining to the reserved seats for women, the proposed provinces of Jiwaka and Hela and whether or not to retain provincial seats beyond 2012.
Wararu urged the Ombudsman Commission to invoke its powers under section 27(4) of the
Constitution to direct members of the NEC, the speaker and each member of parliament to stop the recall of parliament next Tuesday.
Wararu said that an early recall of parliament was in breach of the Organic Law.
He noted that when parliament adjourned on Aug 9, it had fixed its next meeting for Sept 20.
He said the public notice by the speaker had relied on section 2(1)(a)(iii) of the Organic Law but, in its true context, this only applied "where there is an emergency situation arising within the meaning of Part X of the Constitution".
"Parliament has fixed Sept 20 as the date for the next meeting and only parliament can change that date.
In an urgent submission to Chief Ombudsman Chronox Manek, East Sepik Governor Peter Wararu said parliament's recall before the scheduled Sept 20 meeting was "sub-judice" and "contemptuous" of the Supreme Court which was presently deciding on the legitimacy of the government under Prime Minister Peter O'Neill.
A five-man bench of the Supreme Court is due to hear the matter tomorrow.
O'Neill announced last weekend that parliament would be recalled on Sept 6 to debate important laws pertaining to the reserved seats for women, the proposed provinces of Jiwaka and Hela and whether or not to retain provincial seats beyond 2012.
Wararu urged the Ombudsman Commission to invoke its powers under section 27(4) of the
Constitution to direct members of the NEC, the speaker and each member of parliament to stop the recall of parliament next Tuesday.
Wararu said that an early recall of parliament was in breach of the Organic Law.
He noted that when parliament adjourned on Aug 9, it had fixed its next meeting for Sept 20.
He said the public notice by the speaker had relied on section 2(1)(a)(iii) of the Organic Law but, in its true context, this only applied "where there is an emergency situation arising within the meaning of Part X of the Constitution".
"Parliament has fixed Sept 20 as the date for the next meeting and only parliament can change that date.
Prime Minister: More arrests soon
PRIME Minister Peter O'Neill has promised that senior public servants, politicians and other people who have stolen millions of kina from the Department of National Planning will be investigated, charged and prosecuted, The National reports.
O'Neill said an investigation into the department was almost completed and arrests were expected soon.
He was speaking in Mendi last Thursday.
He said mismanagement and corruption in governments departments would "bring the country down".
He said an independent commission against corruption would be established next month to look into allegations of corruption.
O'Neill said an investigation into the department was almost completed and arrests were expected soon.
He was speaking in Mendi last Thursday.
He said mismanagement and corruption in governments departments would "bring the country down".
He said an independent commission against corruption would be established next month to look into allegations of corruption.
Duo charged with murder of expatriate man
By JUNIOR UKAHA
Two people have been detained and charged by police with the murder of John Hulse, the expatriate who was killed at NapaNapa in Port Moresby on July 23, The National reports.
Taita Sarah Prichard, 44, and James Paru, 50, both from Hisiu village, Bereina, Central, were charged with one count of murder each on Aug 27.
Hulse, 62, who held dual US and Australian passports, died after being shot with a shotgun while trying to retrieve his lost passport from unidentified callers.
NCD metropolitan commander Supt Joseph Tondop alleged that Prichard, an Australian national and the estranged wife of the deceased was implicated as the prime suspect.
The police brief said Prichard went into Hulse's boat anchored at the yacht club and took his passport and that of his Cambodian girl friend before leaving.
"On Saturday, July 23, at about 10am the first accused and her co-accused rang the deceased to pick up the two passports at the gate of InterOil NapaNapa refinery where he was shot dead and was half burnt by a bush fire," the police statement said.
Tondop said they had recovered the shotgun used in the killing at Paru's house in Sabama, NCD.
"The two accused are detained at the Boroko police cells and will appear in court this week," Tondop said.
Two people have been detained and charged by police with the murder of John Hulse, the expatriate who was killed at NapaNapa in Port Moresby on July 23, The National reports.
Taita Sarah Prichard, 44, and James Paru, 50, both from Hisiu village, Bereina, Central, were charged with one count of murder each on Aug 27.
Hulse, 62, who held dual US and Australian passports, died after being shot with a shotgun while trying to retrieve his lost passport from unidentified callers.
NCD metropolitan commander Supt Joseph Tondop alleged that Prichard, an Australian national and the estranged wife of the deceased was implicated as the prime suspect.
The police brief said Prichard went into Hulse's boat anchored at the yacht club and took his passport and that of his Cambodian girl friend before leaving.
"On Saturday, July 23, at about 10am the first accused and her co-accused rang the deceased to pick up the two passports at the gate of InterOil NapaNapa refinery where he was shot dead and was half burnt by a bush fire," the police statement said.
Tondop said they had recovered the shotgun used in the killing at Paru's house in Sabama, NCD.
"The two accused are detained at the Boroko police cells and will appear in court this week," Tondop said.
Police yet to identify 9-Mile killer
Police have yet to find the people responsible for the death of John Sine Kaupa, the operations manager of Kuima Security Services, The National reports.
NCD metropolitan commander Supt Joseph Tondop said although a few suspects had been taken in for questioning, police were yet to establish whether they were the people who had killed Kaupa.
"Police have questioned two to three suspects believed to be part of the group and others are expected to be rounded up," Tondop said.
He said the Chimbu and Tari community living at 9-Mile lived in close contact and they should know the identities of the killers as the incident took place in daylight.
He said the NCDC law and order committee and police had arranged for a peace mediation meeting between the fighting factions at Jack Pidik Park at 10am today.
He said leaders from the Tari and Chimbu community would meet to talk and restore peace in the area.
Tondop said NCD Governor Powes Parkop, Moresby Northeast MP Andrew Mald and parliamentarians from Chimbu and Tari had been told of the meeting and were expected to address the leaders.
Tondop said ethnic clashes had become a national issue and police alone could not solve the problem.
He said tougher punishment must be issued to people involved in ethnic clashes of any sort, "so that others who are thinking of fighting will think twice".
NCD metropolitan commander Supt Joseph Tondop said although a few suspects had been taken in for questioning, police were yet to establish whether they were the people who had killed Kaupa.
"Police have questioned two to three suspects believed to be part of the group and others are expected to be rounded up," Tondop said.
He said the Chimbu and Tari community living at 9-Mile lived in close contact and they should know the identities of the killers as the incident took place in daylight.
He said the NCDC law and order committee and police had arranged for a peace mediation meeting between the fighting factions at Jack Pidik Park at 10am today.
He said leaders from the Tari and Chimbu community would meet to talk and restore peace in the area.
Tondop said NCD Governor Powes Parkop, Moresby Northeast MP Andrew Mald and parliamentarians from Chimbu and Tari had been told of the meeting and were expected to address the leaders.
Tondop said ethnic clashes had become a national issue and police alone could not solve the problem.
He said tougher punishment must be issued to people involved in ethnic clashes of any sort, "so that others who are thinking of fighting will think twice".
Boat of missing 5 scientists found in Wewak
THE 23-foot dinghy that was carrying the five research scientists from the Papua New Guinea Institute of Medical Research (PNGIMR) was found in Wewak, East Sepik, over the weekend, The National reports.
West New Britain provincial police commander Thomas Reu said yesterday that a photo was taken of the boat and sent to the PNGIMR and disaster officials in Kimbe.
They confirmed that it was the boat that the five had got on when they went missing in Talasea waters early this month.
The five are team leader Gibson Gideon from Enga, research scientists Leonard Vavana from East New Britain, George Dogoya from Lufa, Eastern Highlands, plus female members Tania Oakiva from Gulf and Lydia Petrus, from Ialibu, Southern Highlands.
Reu said police had not ruled out foul play.
The five scientists and the vessel's crew had planned to travel from Milimata, on the mainland, to the offshore island of Bali on Aug 1.
They never arrived at their destination.
He said search and rescue operations were still going on.
Acting West New Britain disaster director Leo Mampmani confirmed that two bodies – one female and male – had been found but their identities were yet to be verified.
He said it was important to verify the identities of bodies being washed ashore because apart from the five, another seven people had gone missing in West New Britain waters in July and had not been found.
"The bodies resurfacing could be anyone, which is why verification and confirmation by authorities must be undertaken," he said.
The provincial disaster committee chairman and West New Britain provincial administrator Steven Raphael was expected to give a daily update.
West New Britain provincial police commander Thomas Reu said yesterday that a photo was taken of the boat and sent to the PNGIMR and disaster officials in Kimbe.
They confirmed that it was the boat that the five had got on when they went missing in Talasea waters early this month.
The five are team leader Gibson Gideon from Enga, research scientists Leonard Vavana from East New Britain, George Dogoya from Lufa, Eastern Highlands, plus female members Tania Oakiva from Gulf and Lydia Petrus, from Ialibu, Southern Highlands.
Reu said police had not ruled out foul play.
The five scientists and the vessel's crew had planned to travel from Milimata, on the mainland, to the offshore island of Bali on Aug 1.
They never arrived at their destination.
He said search and rescue operations were still going on.
Acting West New Britain disaster director Leo Mampmani confirmed that two bodies – one female and male – had been found but their identities were yet to be verified.
He said it was important to verify the identities of bodies being washed ashore because apart from the five, another seven people had gone missing in West New Britain waters in July and had not been found.
"The bodies resurfacing could be anyone, which is why verification and confirmation by authorities must be undertaken," he said.
The provincial disaster committee chairman and West New Britain provincial administrator Steven Raphael was expected to give a daily update.
Monday, August 29, 2011
Bulolo Show on next month
By RIGGO NANGAN
THE new location of the flood-devastated sub-district headquarter of Mumeng , which is at the Zenag chicken farm land area in Bulolo district, will be the centre of attraction when the six local level governments (LLG) in the district will stage a cultural show during the Independence weekend next month.
A committee has been set in place to organise the show which is expected to lure cultural groups from as far as Waria LLG and the neighboring Menyamya district, who will be participating to show their culture.
The Buang yam culture will be one of several other cultures from the district that will be exhibited. Traditional string bands without the use of musical instruments like the factory -amde guitars and ukuleles, should astonish everyone.
On the commercial side of things, one of the highlights, if all goes well, will be a cross country motor cycle jaunt that will see riders taking off from Lae through the unattended short cut road to Buang from the turn off at Gabensis village.
Organising committee chairman, Stanley Komuts, says companies operating within the district as well as Lae, have been given the opportunity to display their products if they so wish.
Komuts said the formal Independence activities will held on Independence Day , which is Friday , September 16 while Saturday and Sunday will be occupied with cultural show exhibitions and the presentation on Sunday afternoon.
He said gates will be free of charge and every cultural group, string bands and singsing groups will be rewarded for taking part.
The Bulolo cultural show, if successful, will become an annual event in the district in the years to come.
O’Neill appeals to Sepiks
The call was made by O'Neill and senior ministers of his government when he made his first trip to Mendi last Thursday and again in his native Pangia when he visited on Saturday.
Capacity crowds at both locations were told that no law was broken in the election of the prime minister but specific reasons given could not be reported as the matter was pending in the Supreme Court and would be heard on Wednesday.
While former prime minister Sir Michael Somare was praised and wished speedy recovery, son and former public enterprises minister Arthur Somare was singled out for the alleged wrongs of the former government.
O'Neill said in Mendi: "I appeal to those who are bringing this matter to court. I know Arthur Somare wants to be prime minister but he must get the people's mandate first.
"In 2012, the people will let us know if they want Arthur Somare to be prime minister.
"Many of us gave his father respect. He must return that respect.
"I appeal to Wararu (East Sepik governor). I appeal to Arthur Somare. Withdraw this case."
Similar calls were made by Treasurer Don Polye, Works and Transport Minister Francis Awesa and National Capital District Governor Powes Parkop.
Parkop said eminent lawyers in the current government had given the issue and the law much scrutiny before the meeting on Aug 2 where parliament voted convincingly to remove the former government.
He said: "We used the procedure of parliament. The position of the prime minister is not the property of a family or district or province.
"We have the people's power to change the government. Why go to court?
"If they win in court, they do not have the mandate. We will paralyse them."
All speakers spoke generally of the concentration of power in the hands of a few, namely Sir Michael, his son Arthur and a few ministers who were also accused of failing to stay the advance of corruption in high places.
These were offered as the main reason for the huge move against the former government.
Polye said: "Corruption was growing. They were not listening to sound advice.
"They sacked good leaders and held on to corrupt leaders. Business of parliament stagnated. Debate on issues was gagged. That is not democracy."
Health Minister Jamie Maxtone-Graham said: "Decisions were dictated and bulldozed down our throats. Arthur Somare used the position of his father to dictate to us.
"There was too much concentration of power in one family."
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