Let Tamate prosecute Somare: Morauta

Acting public prosecutor Camillus Sambua should refrain from prosecuting prime minister Sir Michael Somare, when his leadership tribunal hearing commences on March 10, 2011.

Leader of opposition Sir Mekere Morauta explained that this was because Sambua originated from Angoram, East Sepik province and is also Sir Michael's nephew.

Sir Mekere stressed that any involvement of Sambua in the tribunal hearing would be perceived as compromising the State's position.

"It is fair and in public interest that Mr Sambua is stopped from any involvement in the whole process.

"He is closely related to Sir Michael, "the former prime minister said today.

As well, Sir Mekere urged senior lawyers in the public prosecutor's office to ensure that all material evidence submitted by the Ombudsman Commission was not interfered with or destroyed.

"All evidences must be safe guarded at all cost.

"No evidence must be compromised or amended," he said.

Sir Mekere also said that if the prime minister had any public conscience, he should not have appointed a relative through the attorney general, Sir Arnold Amet.

"It is nepotism in its most naked form and the PNG public should not put up with such nonsense.

"It is public knowledge that Somare used Sir Arnold to appoint his relative simply to put up road blocks in the prosecution process.

"Camillus Sambua was conveniently appointed under the prime minister's instruction simply to frustrate the whole process.

"There is no other reason.

"The whole nation knows the real motive for removing Jim Wala Tamate.

"He fearlessly took a courageous and decisive stand to refer Michael Somare to a leadership tribunal.

"I reiterate my earlier statement that Mr Tamate's removal as acting public prosecutor has the finger marks of the prime minister all over it.

"It does not make any sense to revoke an acting appointment only to be replaced by another person also on acting basis."

Sir Mekere said Tamate should be the lawyer who should present the indictments relating to Sir Michael's alleged misconduct charges in the leadership tribunal hearing.

Sir Mekere noted that the Ombudsman Commission lawyer would also be there to observe, assist and clarify any issue in the process of the tribunal hearing. 

Eye sore!

Prime Minister Sir Michael Somare has expressed disappointment at the graffiti which appeared on the beautiful bird of paradise sculptures at the Boroko roundabout in NCD.
Graffiti has been sprayed over the less-than-a-month painting of the “birds of paradise”.
Loiterers are also a problem as was captured yesterday in these AURI EVA pictures.
 The prime minister expressed his displeasure while opening the PNG national orchid garden at 14-Mile last Sunday.

Airline ordered to pay K811,000 for pilot's death

Pilot’s family wins 11-year court battle

 

By SAMUEL RAITANO

 

AN AVIATION company was yesterday ordered by the National Court to pay more than K800, 000 to the family of a pilot who died in a plane crash in 1995, The National reports.

The long-fought claim was based on negligence by Trans Niugini Airways Ltd for allowing pilot John Kale to fly an airplane which was not airworthy.

The incident happened on July 25, 1995, when the Britten-Norman Islander (BN2 A-21), carrying 13 bags of coffee weighing more than 700kg, crashed in fine weather during take-off from Karimui airstrip in Chimbu.

Yesterday’s was the second of two decisions by the court. In May 2006, the court ruled against Trans Niugini Airways, which had breached aviation safety practices and standards when it “recklessly permitted an aircraft that was plagued with chronic engineering faults to be flown”.

In yesterday’s decision, Justice Les Gavara Nanu outlined assessment of the cost totalling K811, 742.66.

At the time of the tragedy, the pilot’s wife and plaintiff in the case, Esther Kuri, was 22 years old while their only son was two years old.

Kale, who was 27, then, was a licensed and qualified commercial pilot.

The payment of the claim covered 11 years, 11 months and one week, in which loss of dependency, increase risk of orphanhood, estate claim, special damages, legal costs and interest was looked at.

The decision itemised how much would go to the wife, the son and the pilot’s parents.

The cost of trial on the issue of liability, decided on in 2006, will also be paid by the defendant.

The earlier court decision said that in permitting the deceased to fly such an aircraft, the defendant (company) had acted without due regard for the safety of the deceased and was in breach of its duty of care.

During that time, the court also found that the Civil Aviation report, which attributed the cause of the crash to pilot error, was grossly flawed.

 

 

Police cautioned on arms

By ISAAC NICHOLAS

 

ACTING Police Commissioner Tony Wagambie has instructed his regional and provincial commanders to start assessing threats of arm build-up leading into the 2012 election, The National reports.

Wagambie said police would start flushing out suspected areas by June in the pre-election operations.

He said this when receiving K270, 000 worth of firearms from Maprik MP Gabriel Kapris in Port Moresby yesterday.

The arms included three Israeli-made Gail Ace 23 semi-automatic rifles and three Glock 19 semi-automatic pistols that were paid for by the Maprik joint district planning and budget priorities committee at a cost of K271, 800 for police in the district.

The presentation was witnessed by East Sepik police commander Charles Parinjo, Maprik rural police station commander James Baugen and district administrator Simon Failou.

Wagambie praised Kapris for the foresight in providing the “tools of trade” to the police force to carry out their duties in maintaining law and order.

“Today, young criminals are daring, they have no respect for the law and these tools will assist police.”

He said there was a shortage of funds in the police force  and he urged other leaders to follow the example set by Kapris because law and order was a community issue and not for police alone to resolve.

Wagambie said the police were preparing for the pre-election operations by next June to flush out areas of concern of arms build-up and the contribution by Kapris is welcomed.

Kapris said law and order was very important for any economy to prosper and if it was not addressed law and order would eat away at the economy.

“Many investors’ first question is about the law and order situation in PNG. It is hard to explain but we just say it is like any other place on earth.”

Kapris also urged the police personnel to look after what the leaders are helping with because a new vehicle he gave to Maprik police had been wrecked.

“It is costing the state money and we cannot continue to abuse state assets.”

Wagambie also advised his men that the firearms used must be secured at all times and used properly.

“When your life is in danger, shoot to injure. The gun is not for you to go and do things outside of the law and set security procedures.

East Sepik police Chief Insp Charles Parinjo, in expressing his gratitude for the support, said this was the second, with Angoram MP Arthur Somare already handing over four M16 assault rifles and two SIG pistol for Angoram police.

He also commended East Sepik Governor Peter Wararu for buying five vehicles for police in the province.

Judges query tribunal team

SOME Papua New Guinea National and Supreme Court judges are concerned about not being consulted in the appointment of the membership of the leadership tribunal hearing misconduct allegations against Prime Minister Sir Michael Somare, The National reports.

A three-man tribunal, comprising pre-eminent overseas retired judges Roger Gyles as chairman, Sir Bruce Robertson and Sir Robin Auld, was scheduled to begin next Thursday.

While the appointment of a leadership tribunal was the sole prerogative of the chief justice, it was an established practice for the CJ to consult his fellow judges before naming the tribunal, The National had learned.

In this case, where tribunal members were drawn from outside PNG court jurisdiction, the local judges were all the more concerned.

The judges, who were approached by The National, had no idea about the tribunal and its membership or preparations.

“I have no idea about the appointment of the tribunal and what criterion was used in the appointment of the tribunal membership,” a judge said.

Consultation is a general and legal requirement in such situations, leading up to the appointment of the members of a leadership tribunal within the PNG judiciary, The National was told.

Another judge said that ideally, tribunal members must had previously served on the PNG bench and were now retired, which was not the case in the case of the current membership of the tribunal.

PNG Law Society president and the prime minister’s lead lawyer Kerenga Kua said the CJ’s appointment of pre-eminent retired overseas judges was in line and was within the bounds of law.

“The law allows for the appointment of sitting judges or retired judges from the PNG’s judicial bench. Or, in the current situation, from comparable jurisdiction – that is, from the common law jurisdictions such as Australia and New Zealand who, like PNG, follow the traditional English common law.

“We do not have any issue with that,” Kerenga said.

Issues are being raised in legal circles, regardless, about whether or not the decisions of the tribunal would be legally binding if its membership did not comprise members of the PNG justice system.

The National was told that the appointment of any tribunal membership, to judge on allegations against any leader, would be done collectively within the judiciary where names of possible candidates are circulated to the sitting PNG judges for their comments.

The names are then returned to the office of the chief justice who consults with the most senior of his colleagues before deciding on a final list.

 

 

Public service is collapsing

By ISAAC NICHOLAS

 

THE public service system has collapsed and is in total disarray, a senior government official said yesterday, The National reports.

The official said this was evident by the number of acting appointments currently in the public ser­vice.

The source said currently, there was the acting police commissioner, acting correctional services commissioner, acting secretary for national planning, acting auditor general and acting public prosecutor but within departments and government agencies, there were many more on acting positions.

He also revealed that the Department of Personnel Management (DPM) did not even have records of the total number of public service on the government pay-roll.

“I believe the government is paying more than 300,000 public servants, including names of dead persons, wives, children and even some walking around the streets but still getting salaries every fortnight.”

He said the DPM claimed to have less than 100,000 public servants but they did not have proper records to show the total number of government employees, adding that Public Service Minister Moses Maladina had a big task ahead to get his department in order.

Maladina, when contacted, said he was aware of this report but decline to criticise his own department and said he was awaiting the return of secretary John Kali from holidays to map a way forward for the department.

He confirmed that there were too many acting appointments with some acting on the job for more than six months which was illegal.

He said the problem was that three months before the term of an appointment expires, the Department of Personnel Management must advertise the position.

He said during the three months, appointments were confirmed to ensure smooth flow of operations but this had not been happening, resulting in the current situation of acting appointments.

“I have a huge task ahead of me in which I have to conjure up all my experience to deal with this situation.”

Maladina said this year had been declared the “year of implementation” and he would ensure that the public service is put right to deliver government agenda to the majority of the people.

“It is a huge challenge for me and I will take the bull by the horns if I may put it that way for efficient and effective public service.”

 

Students miss out due to fees, space

By YVONNE HAIP

 

NEARLY half of the registered students in PNG are not yet in school either because they lack school fees or because schools lack space, Education Minister James Marape said in Mt Hagen on Monday, The National reports.

Addressing students, staff and parents at the Mt Hagen Technical School, the minister also revealed that the controversial outcomes-based education (OBE) was less than perfect and had deficiencies.

Speaking during the commissioning of the college as a polytechnic institution, Marape said despite the deficiencies, the government would persist with the reformed system in the hope of overcoming the shortcomings.

The education minister highlighted some of the setbacks in OBE were in the quality of education received and school facilities. But, he said, the reform was only 10 years old and authorities were working to address these shortcomings.

Meanwhile, the upgrading of the Hagen institution would allow it to teach specialised trade courses with certificates, diplomas and degrees being offered.

The Mt Hagen Polytechnic Institution would enrol its first intakes in 2014.

It is one of four such institutions in the country, and the only one for the highlands region.

He also revealed that 47% of registered students throughout the country were yet to be in schools due to school fee-related issues.

Despite these problems, Marape said the reformed system was aimed at providing more opportunities for students to progress through the various levels of education.

He cited the four national high schools, which were taking in a limited number of Grade 10 graduates, as a good example.

Today, upgraded secondary schools in all the provinces nationwide are providing Grade 10 students the opportunity to further their education to Grade 12.Accompanying the minister was acting

Education secretary Dr Joseph Pagelio and senior education officials, who will be attending the 171st national education board meeting in Mt Hagen.