Arthur Somare must step down: Opposition

OPPOSITION leader Sir Mekere Morauta has called on Public Enterprises Minister Arthur Somare to step aside to answer the alleged leadership charges laid against him by the Ombudsman Commission, The National reports.

Sir Mekere told a press conference yesterday Somare must step down in the interest of good governance and law.

He said Somare could not be allowed to remain a state minister making very important decisions that were affecting the lives of people.

“As a senior minister and an important member of the ‘kitchen cabinet’, the minister is duty-bound to respect and uphold the Constitution and principles of law by stepping aside to answer leadership charges against him,” Sir Mekere said.

He said he was making the call in light of the decision of the acting public prosecutor, Jim Wala Tamate, to request Chief Justice Sir Salamo Injia to appoint a new chairman for the leadership tribunal to investigate allegations of misconduct against Somare.

The public prosecutor sent the letter to the chief justice on June 21. Somare was referred by the Ombudsman Commission in 2006, and a tribunal was appointed headed by Justice Sir Kubulan Los.

But Somare took an injunction against the referral. Since then, Sir Kubulan has retired, and

Somare’s judicial review is before the National Court registry for listing.

Applying the law as set out by the Supreme Court in its ruling against suspended Treasurer Patrick Pruaitch, legal sources say they expect Somare to be suspended automatically when the chief justice appoints the tribunal head.

“The Supreme Court ruling is binding and, if you apply that consistently, that should be the outcome,” the legal source said.

In his press conference, Sir Mekere also made reference to the Pruaitch Supreme Court ruling on sections 27, 28 and 29 of the Organic Law on the duties and responsibilities of leadership.

The ruling, he said, stipulated that suspension was obligatory once a leader was referred for misconduct or breach of the leadership code.

 

Rare Papua New Guinea artifacts to come home: MP

AT least six national cultural property objects, illegally exported to the United States in the late 1970s, may be coming home at last, The National reports.

They are part of the Jolika Collection, owned by American philanthropists John and Marcia Friede, which were donated to the San Francisco city’s de Young Museum and are currently on public exhibition there.

Their imminent return followed discussions and agreement reached between visiting Tourism, Arts and Culture Minister Charles Abel, John Friede and de Young officials in San Francisco last Wednesday.

The milestone agreement, which acknowledged that a total of nine artifacts in the Jolika Collection were the property of the people of Papua New Guinea, came after years of wrangling between the PNG government and Friede over the ownership question.

Abel pursued the matter last month after it transpired that international auction house Sotheby’s New York and Paris had taken about 36 artifacts from the collection, through a court order, to sell for money owed by the Friedes.

Last week, he travelled to the US to reinforce the government’s position that national cultural property objects, which were illegally exported, must be returned.

In San Francisco, he met with museum director John Buchanan and John Friede, as well as other museum and city officials, to express the government’s concerns over the recent sales of items from the Jolika collection which could have cultural significance to PNG.

More particularly, Abel highlighted the government’s position on the nine national cultural property artifacts, all illegally taken out from the Sepik River region.

“An agreement was drafted and signed that committed both parties to the preservation of the Jolika collection, the recognition of the claim by Sotheby’s on a part of the collection and an undertaking to pursue jointly an option to raise funds to buy out the remaining Sotheby’s debt,” he said in a statement.

“The agreement also noted the PNG government’s claim to the nine objects, six of which are in the current possession of the de Young Museum.”

Abel said Sotheby’s was aware of the ownership question and would not lay claim to any of them to sell to recoup money – several millions of dollars – borrowed by John and Marcia over the years to collate the Jolika collection, arguably the best collection of New Guinea (PNG and Indonesia’s West Papua) in the world.

He described the collection as “a wonderful advertisement of our country”.

“We are grateful for the efforts of John Friede and the de Young Museum in preserving the collection, some of which were collected in the 1800s and may otherwise have deteriorated and been lost for forever,” Abel said.

The minister also visited the Bishop Museum in Honolulu, Hawaii, where he met with the board of directors and signed a memorandum of understanding for cooperation with the PNG National Museum and Art Gallery.

You're off....here they come !

:

Pilot reveals all about fatal crash

By MALUM NALU

Wednesday, December 30, 2009, begins quite normally for veteran Morobe bush pilot Richard Leahy, a household name in the rural areas of Morobe province. 

Morobe bush pilot Richard Leahy in happier days in Lae…most of his body has been very badly burned.-Picture courtesy of PACIFIC WRECKS

Leahy is known to live   on a wing and a prayer, an unsung hero who in his own quite little way, has brought about so much development to rural Papua New Guinea, flying into places where only eagles dare.

His Cessna 185 plane is appropriately registered as P2-MJL, the initials of his father Michael ‘Mick’ James Leahy - one of Australia's most colourful and successful explorers – and widely revered as one of those pioneer explorers who made first contact with and opened up the Highlands of New Guinea.

Richard Leahy (left) with P2 - MJL at Nadzab Airport in 2005.-Picture courtesy of PACIFIC WRECKS

He departs his home in Lae with a Protect security service escort, as is the normal case for those traveling to Nadzab airport, at approximately 2am.

On arrival at Nadzab, he submits his flight plan for the day, returns to his Kiunga Aviation office at the airport and sleeps until 5.30am.

He then prepares P2-MJL for the day’s operations and orders the first load, which is to Baindoang in the rugged Saruwaged Range, with six passengers.

These are loaded at around 5.45am.

Start-up is at 6am.

 This is quite normal with no sign of the trouble to come.

Take off and departure are also normal.

“Six people were tragically killed when a Cessna 185 fixed wing aircraft, owned by Kiunga Aviation, crashed early yesterday in the rugged Saruwaged mountain ranges of Morobe province,” The National reports on its front page the next day.

Body bags at the crash site on Dec 30, 2009.-Picture by BUSTIN ANZU

  
“All six passengers, including two children, died instantly on impact.

“Amazingly the pilot Richard Leahy, who owns the third level airline, survived but was in critical condition.

“The plane departed Nadzab and was headed for Baidoang airstrip when it crashed.

“The charred bodies of those killed are now at the Angau Memorial Hospital morgue in Lae while Mr Leahy was evacuated to Australia for medical attention.”

Leahy has been in intensive care in hospital in Brisbane after suffering a broken back and severe burns to more than 60% of his body.

He is now wearing a head-to-foot burns suit and will continue to do so until March 2011.

Last Sunday, Leahy finally comes out of his shell, saying the death of six of his passengers on the ill-fated Cessna 185 flight in the Finisterre mountains of Morobe province last Dec 30 is something that he will live with until he dies.

Leahy is awaiting the outcome of a Civil Aviation Agency investigation into why the engine failed that fateful day.

“I was released from the Royal Brisbane and Women's Hospital (RBWH) on March 26, 2010,” he tells me from Brisbane.

“I was admitted after having been evacuated from Lae by jet on the day of the accident, Dec 30.

“I remain an outpatient at RBWH and visit for treatment four mornings per week.

“This will last until March 2011.”

I ask Leahy what he remembers about that day.

“Approximately seven minutes into the flight, I noticed the oil pressure dropping off rapidly,” he replies.

“I immediately turned back towards Nadzab airport, but the engine stopped soon after.

“I broadcast a mayday (distress call) to CAA at Nadzab and tried to carry out a landing on rough country.

“I do not remember the impact, but clearly recall finding myself on my back outside the aircraft with my legs in the fire.

“I managed to use my hands and arms to pull myself clear.

“My memory from that point on for twenty eight days is not clear.”

And will he return to PNG, particularly his beloved Morobe, and fly again?

“I do wish to return to PNG after my rehabilitation time with RBWH is finished early March.

“I am and will continue to wear a head-to-foot burns suit until March next year.

“This suit does not go well in tropical heat.

“At the moment my voice is not good and because of this I would not be able to renew my flying licence.

“If this problem is rectified, I will resume flying.

“At this time and since the accident my business is being run by my son Nicholas.

“He is living in my house in Lae.

“My sympathy goes out to the next of kin of those six souls that were lost because of this tragedy.

“It is my hope that the problem that caused the engine to lose oil pressure and stop will be discovered.”

It is common knowledge that while Leahy is in a coma in hospital, Morobe Governor Luther Wenge – who lost close family members in the crash - stirs up a hornet’s nest when he threatens to have the renowned and respected pilot charged with manslaughter and deported from the country.

“Our Governor Luther Wenge is our properly-elected regional member,” Leahy says when I ask for his comments on the matter.

“He like the rest of us is fully entitled to his say in matters that concern him.

“He lost six relatives in the accident.

“I extend my condolences to the member and his family.

“I felt as soon as I became aware that he (Wenge) had made them (comments) that they were unwarranted.

“I have conducted commercial flying operations in PNG but mainly in the Morobe Province since 1964.

“During that time I have carried, whilst single pilot in command, over 50,000 passengers - the overwhelming majority of whom were PNG citizens.

“Up until Dec 30, 2009, the day of my accident, I had never caused any injury to any of my 50,000 passengers.

“The fact that six died on that day will weigh heavily with me for the rest of my life.”

Leahy said although this is an accident that he could not have prevented, he is awaiting the CAA findings on why the engine failed on that flight.

“If an aircraft is properly maintained and the pilot carries out his duties in accordance with the set down procedures, aircraft engines simply should not fail,” he says.

“Normally, there is some warning if an engine is developing serious problems and remedial maintenance can be carried out prior to further flight.

“With this particular failure, there was absolutely no warning.

“During the 24,000 hours I have spent flying light aircraft around PNG, I had had only one previous engine failure.

“I landed the aircraft in a lake and my two passengers and myself escaped unscathed.

“The engine failure was due to bad maintenance and I recovered monetary damages from the people that I had contracted with to carry out my maintenance at that time.

“Needless to repeat, my thoughts have gone out to the next of kin of those six souls lost on that day and will always remain with them and those that were lost.”

 The remains of the Kiunga Aviation Cessna 185 after the fatal crash last Dec 30.-Picture by BUSTIN ANZU

Gulf masks come alive

ELEVEN exquisite masks, associated with traditional songs and dances, were put on show at Toare village during the 6th Gulf mini masks festival, The National reports. Children, aged 10 to 12, also brought their masks to the show. The festival was organised by the National Cultural Commission. The festival featured dancers and performers from 13 Toare villages.

 

 

Rape, incest laws weak, says judge

A SENIOR judge yesterday expressed disappointment over the inadequate penalty for those found guilty of committing rape and incest, The National reports.

Waigani National Court’s Justice Panuel Mogish said such offences were serious and had carried a maximum penalty of life imprisonment but Parliament, in its own wisdom, cut it down to a maximum seven years.

“For Parliament to reduce the maximum penalty from life to seven years is a huge reduction. Incest is a very serious offence and I don’t know who advised Parliament at that time to adjust the level of penalty,” Mogish said.

He said numerous calls were made over the years for Parliament to review the penalty but to no avail.

Mogish said the calls for review “fell on deaf hears.”

“Parliament should read some court judgments on incest cases and make some changes on the level of penalty as the matter is serious,” the judge said.

He told state lawyers to ask the public solicitor to write to the justice minister and attorney-general on the matter.

Mogish raised the concern when lawyers made submissions on sentences on the matter of the state versus Chris Paru Bei.

Bei, 46, of Central’s Nabuapaka village in Kairuku, was found guilty of sexually assaulting his two biological daughters.

Bei was charged with two counts of rape and incest under section 223(1) and 229A (1) of the Criminal Code.

Bei assaulted one daughter on Sept 21 last year and the other on April 9, 2007.

Both girls were teenagers when they were abused.

Defence lawyers submitted that although Bei was found guilty, the matter was not serious because there was no evidence of pregnancy and sexually transmitted disease.

They submitted that Bei was also a first-time offender and the court should impose a lesser penalty.

But state lawyers argued that there was a total breach of trust because the victims trusted the assailant who was their father.

They submitted that the matter was serious and Bei should be given the maximum sentence.

Mogish adjourned the matter to today for a ruling.

 

Child health care lacking: Zibe

ACCESS to proper maternal and child health care services is still lacking in hospitals nationwide, including the Port Moresby General Hospital (PMGH), The National reports.

“It is a problem that cannot be resolved overnight,” Health Minister Sasa Zibe said in response to Anglimp-South Waghi Open MP Jamie Maxtone-Graham’s question in Parliament yesterday.

Maxtone-Graham asked Zibe what steps had the health department taken to restore the poor health services in PMGH’s maternity ward as reported by the media recently.

“There was a report of a shortage of IV baby needles in PMGH which could put lives of babies at risk. This is a very big concern and can the minister tell us what is being done to address this problem.  Can the minister also admit that the hospital is facing financial problems?” Maxtone-Graham asked.

Zibe said funds and drugs were not a problem but the administrative matters relating to the procurement and delivery system was failing the people, especially mothers at maternity wards that depended on services.

“This is not a new thing. Other hospitals in the country and in the 89 districts are experiencing the same thing. I have always stressed that PNG has the lowest health indicator in the Western Pacific region.

“Of course I admit, but this is a problem we cannot address overnight,” Zibe said.

He said the issues would be addressed under the new national health plan.