Prime Minister's leadership tribunal of national interest

The opposition has urged chief justice Sir Salamo Injia to decide speedily on prime minister Sir Michael Somare’s referral by the public prosecutor for a leadership tribunal to be set up to hear alleged misconduct charges relating to declaration of annual returns by the grand chief.

Leader of PNG Party Belden Namah said the matter was of national interest and the citizens of Papua New Guinea were entitled to get a decision.

Namah said Sir Salamo had a constitutional duty to the nation to announce the setting up of the tribunal without any unnecessary delays.

“Any delay in appointing the tribunal will cause the public to becoming suspicious,” he said.

“It is judiciary’s interest to bolster the public confidence in the judiciary.”

The pending leadership tribunal stem from allegations by the Ombudsman Commission (OC) that Sir Michael failed to lodge annual returns for the periods 1994/5, 1995/96 and 1996/7, his lodgement returns for the periods 1998/99, 1999/2000, 2000/01, 2001/02, 20003/04 and incomplete statements for periods 1992/93, 1993/94, 1997/98, 1999/2000, 2000.01, 20001/02 and 20002/03.

The OC referred Sir Michael to the public prosecutor for it to ask the chief justice to appoint a leadership tribunal to deal with the allegations, but Sir Michael went to court seeking orders to stop the OC from investigating him.

On June 24, 2008, National Court judge, Justice Derek Hartshorn rejected an application by Sir Michael for a temporary injunction to stop the OC from investigating him.

When rejecting Sir Michael’s temporary injunction, Judge Hartshorn ruled that it was not in the interest of the justice of the general public that lawful authorities should be prevented from performing their legal and constitutional duties.

He went to the court asking it to grant him certain declarations and a permanent injunction preventing the OC from continuing its investigations.

Sir Michael had contended that the OC lacked jurisdiction to continue the investigations.

The conduct of their investigations was oppressive, subject to excessive delays and breached the rules of natural justice to act fairly reasonably and in good faith.

He also alleged that the decision not to engage an independent examiner under section 19 of the Organic Law on Duties and Responsibilities of Leadership, as requested by him was decided by an individual and not the majority quorum of three independent constitutional office holders despite bias allegations raised by his client against the commission.

However, Judge Hartshorn in a seven-page decision stated that Sir Michael did not have a strong case to stop the OC from continuing its investigations.

“It is not in the interest of justice or the public interest that lawful authorities should be prevented from carrying out their lawful investigations.

“Any such prevention should only occur in very clear cases of abuse,” Judge Hartshorn said.

The judge was satisfied given the evidence before him that the PM’s appeal was not serious and the OC be allowed to continue its investigations.

Effectively, the ruling meant that the public prosecutor could proceed to ask the chief justice to appoint a leadership tribunal to determine the charges against the prime minister.

On June 30, 2008, the PM’s lawyers refiled their appeal matter in the Supreme Court to be heard that afternoon.

The appeal matter related to the refusal of the National Court to grant an order restraining the OC from investigating the PM on an alleged breach of the Leadership Code.

PM’s lawyers filed a notice of appeal basically appealing the whole of the judgment of Derek Hartshorn in dismissing their notice of motion.

In the notice of appeal,  they relied on seven grounds saying that in respect of each and every grounds, the National Court erred in the exercise of its discretion which if not overturned would result in the unlawful actions of an authority going unscrutinised by the court and causing serious injustice to the appellant.

The Supreme Court rejected the appeal.

Section 4 of the Organic Law on the Duties and Responsibilities of the Leadership require every person who is subject to the Leadership Code to furnish the OC every year details of assets, income and other required information.

Namah stressed that he was merely asking the chief justice to perform his constitutional duty and role in the public interest.

“The chief justice owes it to the nation and people to make an effort to set up the leadership tribunal in the national interest.

“It is not my intention to interfere with the work of the chief justice, but expect him to do his job speedily.”

 

Basil rejects Sir Arnold's statement

By Bulolo MP, SAM BASIL

 

The statement by the attorney general that the public should not demand swift decision making from the chief justice as to the appointment of a leadership tribunal is as offensive as it is clearly wrong.

  The chief justice, like the attorney general, is public servants and should be answerable and accountable to the people of Papua New Guinea at all times.

  Serious allegations have been made against the most-senior public servant in PNG, the prime minister. 

These allegations remain unanswered three years later. 

This is bringing the integrity of the office of prime minister into question and it is in the interests of the country as a whole that these allegations are resolved quickly, one way or another.   

  Justice delayed is justice denied.

  The public prosecutor was satisfied that the prime minister was guilty of misconduct in office, which resulted in his referral of the matter to the chief justice for the appointment of a leadership tribunal pursuant to Section 27(2) of the Organic Law on the Duties and Responsibilities of Leadership.

  When a tribunal is to be appointed to inquire in the case of alleged misconduct in office by the prime minister – a special provision applies as to the make-up of the tribunal – which is Section 27(7) (d) of the Organic Law on the Duties and Responsibilities of Leadership, which provides that the chief justice must appoint a tribunal consisting of a chairman and two other members, all of whom must be—

(i)        Judges or former judges of the National Court; or

(ii)       Former Judges of the pre-independence Supreme Court of Papua New Guinea; or

(iii)      Judges or former judges of an equivalent court of a country that has a legal system similar to that of PNG;

  The chief justice does not have discretion as to whether or not he should appoint a tribunal under the Organic Law, once the matter is referred to him by the public prosecutor, he MUST appoint a tribunal.

  This performance of this duty cannot be delayed.

 It is not a difficult or time- consuming task as there is only a limited pool of persons from which the chief justice may appoint the tribunal.

  It is in the interests of justice that this task is performed as quickly as possible so that these allegations may be resolved so that the integrity of the office of prime minister is not further destroyed.  

  It is therefore entirely appropriate that the people demand that the tribunal be appointed within a reasonable time and that means as soon as possible in these circumstances. 

For the attorney general to suggest that the people have no rights to demand quick action, it is not only in breach of the basic principles of democracy but he is clearly playing politics and trying to delay the determination of the allegations of misconduct against the prime minister, which all of PNG has been waiting for.

 We should also remind ourselves that the attorney general and the governor of Madang Sir Arnold Amet is also a member of the National Alliance Party from which the prime minister is a leader of and delivering such statements can only bring the integrity of his office into question.

 There should be a law in the future to make the office of the attorney general be occupied by public servants only and not politicians as such.

It would be also proper for future chief justices not to enter politics because the respect they carry from this high profile office can be easily tainted when they start playing petty politics.

 

Hon Sam Basil - Opposition MP

Bulolo Open Electorate.

 

In response to –

 

Amet: CJ should not be put under pressure

 

By JOSHUA ARLO – Post Courier

 

THE CHIEF JUSTICE should never be put under pressure by public demand to appoint a leadership tribunal to look into the alleged misconduct in office by the Prime Minister Sir Michael Somare.  “The process is consultation. That is important given the seniority and importance of the high public office of the Prime Minister,” the Minister for Justice and Attorney-General Sir Arnold Amet said yesterday.  The former Chief Justice, who left the bench seven years ago to pursue a political career, was speaking to Post-Courier in an exclusive interview after the launch of the Department of Justice and Attorney-General’s first ever newsletter. He said the decision to appoint a tribunal was the sole responsibility of the Chief Justice and he must not give in to public demand as the decision needs a lot of consideration, as well as consultation with other judges before he could appoint the tribunal.  An appointment for the tribunal is pending because the Public Prosecutor made the request on the eve of court vacation. The vacation ended last Monday when the 2011 legal year resumed. Sir Michael stepped aside from office after the request was made but recently resumed office and he is expected to step aside again when a tribunal is appointed again.  Sir Arnold also raised two other issues that surrounded the issue of the appointment of a tribunal in relation to office holders which are currently being discussed. “Firstly, a misunderstanding that the Public Prosecutor requested the Chief Justice to appoint a tribunal that didn’t automatically resort to suspend the Prime Minister. And secondly, it is the decision of the tribunal as to whether the Prime Minister should be suspended from office,” he said yesterday.

 

Powerful message of forgiveness

The National Editorial - Friday, February 11, 2011

AMID the gloom, doom, despair and no hope regarding the vicious circle of ethnic violence in Port Moresby and Papua New Guinea has come a breath of fresh air.
It has taken the life of former Kumul rugby league star Aquila Emil to bring this message across to the people of this country.
Emil was gunned down outside the Lamana Hotel in Port Moresby last Friday with the alleged killer now in remand at Bomana jail.
In just about every town or city, even the rural areas, this would have sparked another round of ethnic violence as Emil’s people went on the warpath against relatives of the alleged killer.
There would be more people killed, more houses burned down and more lives shattered in the aftermath.
However, in Aquila’s case, his family has forgiven the alleged killer and opted to let justice take its course, to let God himself be the judge.
It is quite ironic that in life, Emil touched the nation with his rugby leagues finesse and now, after death, he continues to touch the nation with a powerful message of peace.
His grieving family told The National yesterday that they held no animosity against his alleged killer and would let God himself pass judgment.
Emil’s elder sister Margaret Worri said they were from a Christian, God-fearing family from Umbukul village on New Hanover, New Ireland, and forgave Emil’s killer.
She said this was the way their late father, a United church pastor, raised them up to be and he would have wanted it this way.
“We will forgive and let God himself be the judge,” Worri said.
“We come from a humble, Christian family and we were brought up in a loving way.
“We will maintain that.
“I know that if dad was here, he would say the same thing.
“Aquila had loved his children, for his brothers and sisters.
“He is gone but his legacy will live on.
“He did not die for nothing.
“Aquila was a peace-maker.
“He was not a violent person.”
Emil, 43, is survived by his wife Marieta and five children Jr Aquila, 23; Vavine, 20; Martha, 16; Rupa Penias, 12; and 10-year-old Tau Vaitas.
His widow remembers him as the perfect father.
“I love him so much,” she said as she fought back tears.
“He was a good father.
“He never beat up the children or argued with me.
“He always cooked for us.”
Two months this year and, already, innocent men, women and children are being needlessly affected by the wave of ethnic violence sweeping this country.
A new year, a new decade, but there seems to be no respite from this evil in a country which we like to preach of as “Christian”.
Aquila, through his violent death, has begged us to differ.
It goes without saying that had he been from one of the more-volatile areas of the country, renowned for payback killing, that would already be the order of the day.
The livewire from Umbukul electrified the Lloyd Robson oval starting in 1988 onwards for Port Moresby Brothers.
In 1993, during the World Sevens in Sydney, Port Moresby Vipers, captained by Emil, Wests’ magician Tuksy Karu at pivot and players par-excellence such as fullback Philip Boge, Mark Agi and Daroa Ben-Moide demolished highly-fancied NRL teams and shocked and entertained the rugby league world.
They proved critics wrong and made it all the way to the finals.
The same boys were part of the best-ever Kumul side that nearly caused the upset of the century when they almost beat the seemingly-invincible Australian Kangaroos in Townsville in 1991.
The Kumuls were eventually beaten 34-14, but it was the best-ever result for the Kumuls, considering it was not the usual cricket scorelines we have today.
The halves combination of No.6 Karu and No.7 Emil demolished the Australian combination of Laurie Daley and Allan Langer, while Hanuabada fullback Boge blew Michael Hancock off the paddock with a solid tackle which saw him carried out on a stretcher.
Emil’s life was taken in a moment of madness last Friday; however, the memories will never die.
And, the most-touching thing is that his wife and family have forgiven the alleged killer, saying God himself will be the judge.
At this sad moment, as the nation turns its lonely eyes to Emil, let this be a powerful message for peace in our land

 

New Zealand to build fresh food market in Port Moresby

By MALUM NALU
New Zealand is exploring the potential for a fresh produce wholesale market in Port Moresby, due to the increased demand for fresh fruit and vegetables from workers involved in the liquefied natural gas pipeline project.

New Zealand Governor General Sir Anand Satyanand being taken around Goroka market by FPDA production and supply manager Robert Lutulule in Sept 2009.-Picture by MALUM NALU

New Zealand high commissioner to Papua New Guinea Marion Cranshaw said this at a traditional hangi (earth oven) picnic at the New Zealand High Commission at Waigani last Sunday to mark Waitangi Day.
“Our government is looking to shift its aid programme into areas of economic development as well,” she said.
“We are looking at how we can reform our aid programme into economic areas.
“One of our proposals is putting up a wholesale food market in Port Moresby to improve access to market in Port Moresby for fruit and vegetable sellers.
“We are also looking at how we can assist in rural agricultural development, because while Papua New Guinea may make a lot of money from the big projects, agricultural development is important for development.”
New Zealand believes there is scope to see wider social benefits from a market, particularly for women.
In the future New Zealand will look to support other market infrastructure developments in PNG.
New Zealand already provides strong support to strengthen PNG's agricultural sector.
This includes support for:
• Fresh Produce Development Agency, which links farmers and consumers of fresh fruit and vegetables
• Bris Kanda, which focuses on building commercially productive partnerships between rural communities and service providers in Morobe province; and
• A government extension programme to help rural farmers improve their agricultural and business skills.
Cranshaw believes that commercial relationships between both countries are the future.
Aid-wise, PNG is already the second-largest beneficiary of New Zealand aid to the tune of NZ$30 million (K57m) annually, after Solomon Islands.
“I think the future for New Zealand-Papua New Guinea relationships is in commercial relationships,” she said.
“I see that Papua New Guinea is a growing economy, with the ability to purchase New Zealand goods and services and that’s what’s starting to happen.
“New Zealand is still quite relatively small in the (PNG) market but we want to grow New Zealand’s place in the market.”
Cranshaw said a New Zealand trade mission would come to PNG in April to kick-start things.
“We’ll be looking at what other trade activities will follow that,” she said,
“New Zealand’s got good expertise in energy, some areas of infrastructure, engineering, and of course, food and beverages.
“In a way, I think New Zealand can help the development of Papua New Guinea by selling some of our expertise, because in that way, Papua New Guinea has the ownership of what they’re bringing.
“My focus on commercial engagement is not because it’s to New Zealand’s advantage, but it’s a way that we can help the development of Papua New Guinea and the ownership stays with Papua New Guinea.”

Finschhafen farming goes hi-tech

BY JAMES LARAKI of NARI
FINSCHHAFEN district in Morobe province will now be able plan for its district agricultural and natural resources development guided by computer-generated database tools.

Jimmy Maro (standing) guiding participants in using the desktop GIS tool at the Finschhafen Technical School, Gagidu station

This is possible after the National Agricultural Research Institute (NARI) conducted a training last week for district administration staff on the use of the geographic information systems (GIS) and the global positioning systems (GPS) tools.
These are spatial tools that provide useful information which can act as guides in the planning and development processes.
The week-long training was an initiative of local MP Theodore Zurenouc, who has a close working relationship with NARI to develop agriculture in his district.
More than 18 officers from various divisions in the district administration, including staff from Zurenouc’s electoral office, participated in the training.
NARI GIS specialist Jimmy Maro said the objective of the training was to enhance the capacity of the district administration in using GIS and GPS tools in rural agricultural planning and development for the district.
Maro said the tools were designed for gathering, analysing and managing spatial information (any object identified according to its location) such as topography, soils, rainfall, land use, population and services such as markets and roads which were useful in planning, particularly agriculture and rural development.
He said the training was also able to introduce to the participants the existing national databases: mapping agriculture systems project (MASP) and the PNG resource information systems (PNGRIS).
These databases contain information about PNG’s natural resources and smallholder agricultural systems.
The training involved formal introductory sessions on how the tools work and desktop mapping of roads, rivers, areas under agriculture, and projecting population in different parts of the district.
The participants were shown how to do land use assessments, for instance modelling the impact of possible natural disasters like floods or identifying suitable land for growing certain types of food and cash crops in the district.
Participants also had hands-on experience in handling the GPS receiver to gather locations such as plantations and villages.
The information generated was mapped and an inventory was created to add to existing information of the district in the national database.
Leka Stanley, on behalf of the participants, said the training was useful as they were able to gain useful knowledge for rural planning, particularly for agriculture and natural resource development and management.
He said equipped with the new skills and knowledge, they were looking forward to better manage and plan the district development effectively.
Stanley, who is also the electoral officer of the local MP, acknowledged NARI for facilitating the training and Zurenouc for his initiative and support.

Lae urban village takes up rice farming

By JAMES LARAKI of NARI

An urban village in Papua New Guinea is the last place you will expect to find people growing rice.
You expect people from such villages to be getting their rice from the supermarket or village trade store.
Pat Newton from Wagang (Sipaia) village on the outskirts of Lae has decided to grow rice for his family consumption.

NARI officers and family members of Pat Newton discussing rice growing at Wagang village

Newton, a first-timer, is possibly the first to grow rice among the six Ahi villages of Yalu, Kamkumung, Hengali, Butibam, Yanga and Wagang.
He harvested his first crop last week.
Officers from the National Agricultural Research Institute (NARI) rice and grain project were on hand to provide technical assistance in harvesting and processing of rice.
Newton and his family were provided useful tips on growing rice and advised of the steps in harvesting and processing to get good eating quality and maximum yield from their efforts.
It all started when a family friend brought some rice seeds and encouraged Newton to try them out on his field.
The seeds were brought from OSICA Technical School in East New Britain province, which his friend’s son attended.
With the encouragement of his friend, Newton planted a reasonably-sized field with assistance from family members.
He could not believe that rice could grow so well on his land.
The good performance of his first crop has motivated Newton and he has decided to plant a new field with seeds to come from the recent harvest.

Rice growing at Wagang

Newton said he decided to grow rice as prices in the supermarkets were high and his family could not afford.
He called on his fellow Ong clansmen of Wagang and the Ahi community in general to grow their own rice as the prices of processed rice was high at the supermarkets and would continue to rise.
“We have good, fertile land capable of growing good quality rice and there is no reason why we should wander off to the city supermarkets looking for rice,” Newton said.
“We can grow rice in our backyards and gardens for our own family consumption and I encourage everyone to follow my footsteps.”
He said his family was willing to share seeds and their knowledge with others in the village and surrounding communities that were willing to grow rice.

Dangerous drift away from Papua New Guinea must be halted

By JOHN PASQUARELLI in The Australian

 

WHEN Michael Somare's reign ends, Papua New Guinea urgently needs to change course to re-establish its place in the region and forge fresh, new links with Australia.

White paternalism and colonialism have disappeared in the rear-vision mirror of history, but no less a person than Somare once courageously said PNG had possibly been granted independence too soon.

Papua-New Guineans have a grassroots faith in acknowledging people who are "straight shooters", and they are rightly suspicious of flatterers - black, white, whoever they may be - from the UN, ANU or the UPNG, or even naive MPs from Australia.

PNG at its independence in 1975 stood at the crossroads but took the wrong turn.

The opportunity to rise quickly out of the ranks of the Third World was lost when tribalism and inexperience conspired to create an environment of lawlessness, coupled with the failure of public health and education systems.

 Much of the then huge mineral and oil wealth was squandered, as was the opportunity to become one of the world's major tourist destinations.

But PNG has incredibly been granted a second chance that will require the co-operation of all concerned to reset the country's compass.

The country has huge new reserves of wealth, ranging from the Hidden Valley gold bonanza near Wau-Bulolo to the Frieda River copper and gold prospect in the Sepik District.

Exxon-Mobil is proceeding with its gas and oil pipelines, which will double PNG's GDP in 2014 when exports to Asia commence, with an expected life of 30 years.

Ok Tedi is still producing and moves are under way to reopen the huge copper and gold mine at Bougainville, which ground to a halt when the civil war erupted in 1990.

Since then, copper prices have quadrupled and gold is through the roof at $US1400 an ounce.

With proper management, plantations of exotic timbers can redress the PNG logging rorts of the past, the oceans can continue to produce, aquaculture has huge potential and tourism is still there like a sleeping giant.

Many Australians still have strong connections with PNG, but both governments have drifted apart in recent years and this dangerous separation must be halted.

It is very embarrassing that there is not one Australian federal MP who has any real, in-depth understanding of PNG apart from the odd junket.

An Australian government should set up a taskforce, taking advice from those expats who still have much to offer, before beginning negotiations with PNG, ensuring that such a venture does not end up being just another bureaucratic bludge.

The emphasis must be on Australia offering training and mentoring for future police and army officers, right through all levels of the public service, health and education, and then establishing partnerships with successful Australian companies to train young Papua New Guineans in the trades and the specialist skills required in the mining and construction industries.

Australia must extend the hand of friendship - and let's hope it is enthusiastically grasped by PNG.