Thursday, March 10, 2011

Court probe into PNG PM Michael Somare's alleged financial misconduct

AAP

THE fate of Papua New Guinea Prime Minister Michael Somare hangs in the balance, as a leadership tribunal considers 25 misconduct allegations dating back as far as 1992.

A three-member bench began hearing the allegations, which relate to missing or incomplete financial statements, in Port Moresby today.
Both the defence and prosecution spent the first day presenting evidence which entails mountains of paperwork connected to Sir Michael's financial records.
The highly-charged case, which is expected to take weeks, will probe Sir Michael's alleged failure to make financial statements or complete them on time.
It is also expected to decide whether Sir Michael must stand down as prime minister during the hearing.
Ian Molloy QC, acting for the prime minister, started today's proceedings with a push for an adjournment until a concurrent Supreme Court challenge is resolved.
Since 2008, Sir Michael has been fighting the tribunal on the grounds the original Ombudsman Commission probe into the prime minister was bias and procedurally flawed.
Mr Molloy also made an application for the charges of misconduct to be dismissed, saying they were "ambiguous and not an offence under the law".
But the three-man bench, chaired by former Australian Federal Court judge Roger Gyles, rejected these attempts to derail the tribunal.
The prosecution didn't get an easy ride either.
During the afternoon session, Judge Gyles questioned why it had taken so long for the allegations to be brought before the court.
"It is rather surprising that we are looking at dates like 1992 and 1993 in 2011," he told the prosecution team.
The courtroom was packed with the who's who of PNG's political elite, with the prime minster flanked by his cabinet and family members.
Near the courtroom, a small group of protesters gathered, demanding an end to what they said was systemic corruption stifling PNG's development.
Sir Michael, 74, has been PNG's prime minister four times in a political career spanning more than 40 years.
While the tribunal delves into Sir Michael's alleged neglect on administrative grounds, the process could expose some facts about the true wealth of the prime minister, including possible undisclosed earnings, assets and numerous properties world-wide.
The hearing will resume at 2.30pm (AEDT) tomorrow.

Papua New Guinea prime minister fails to derail misconduct hearing

 Ilya Gridneff, AAP Papua New Guinea Correspondent.



March 10, 2011 - 2:29PM

AAP

A leadership tribunal into alleged misconduct by Papua New Guinea Prime Minister Sir Michael Somare has started in the capital Port Moresby.
Sir Michael's legal team spent most of this morning trying to derail the hearing but their arguments were rejected by the three-member bench.
Ian Molloy QC tried for an adjournment citing Sir Michael's concurrent Supreme Court bid to shut down the tribunal on grounds of bias.
Mr Molloy also made an application for the charges of misconduct to be dismissed.
"The charges are ambiguous and not offensive under the law," he told the packed courtroom.
It was a who's who of PNG's political elite for the tribunal's first day of sitting, with the prime minster flanked by his cabinet and family members.
Sir Michael is facing numerous allegations that he failed to lodge financial statements as far back as 20 years ago.
Near the courtroom, a small group of protesters gathered, demanding an end to what they said was systemic corruption stifling PNG's development.
The court adjourned for lunch and was due to resume at 2.30pm AEDT.

© 2011 AAP

Legal eagles have landed

THE three ex-judges appointed to the leadership tribunal panel looking into charges of misconduct against Prime Minister Sir Michael Somare slipped into the country yesterday, The National reports.

Legal eagles have landed ...The three overseas judges, chairman Roger Gyles (front), Sir Bruce Robertson and Sir Robin Auld, appointed to sit in the tribunal, arrived yesterday from Australia and were sworn in by the governor-general at the Government House witnessed by Chief Justice Sir Salamo Injia and judges from the country’s National and Supreme Court. – Nationalpic by EKAR KEAPU

Chief Justice Sir Salamo Injia was at the airport to welcome chairman Roger Gyles, a former judge of the federal court of Australia, Sir Bruce Robertson of the court of appeal and high court of New Zealand and Sir Arnold Auld, a former lord justice of the court of appeal of England and Wales.
Sir Salamo announced their appointments early last month to hear charges of misconduct in office against Sir Michael.
The National, in an attempt to get pictures at the Jackson International Airport VIP lounge, was removed by the airport security who said that “permission must be given by the chief justice” for the media to gain access.
The three tribunal members arrived on an Air Niugini flight from Brisbane at 2pm and were sworn in at Government House by Governor-General Michael Ogio.
The tribunal will convene this morning at courtroom one at the Waigani National and Supreme Court premises.
The tribunal is expected to have a fiery start with both the prosecution and the defence pulling out all stops.
An application has been lodged by the prime minister’s legal team seeking to stop the tribunal from convening but, as the tribunal has not met, the application remained undecided.
Lawyers for the prime minister were attempting to stop the proceedings pending Sir Michael’s Supreme Court matter challenging the validity of his referral to a leadership tribunal.
The prosecuting team from the public prosecutor’s office will be the first to be called up before the tribunal to present a statement of reasons for the referral.
It is expected that immediately after the reading of the charges, the prosecuting team will move for the tribunal to order the prime minister to step aside from office.
Acting Public Prosecutor Jim Wala Tamate said yesterday that such a move would be in line with the chief justice’s ruling when he announced the tribunal.
Sir Salamo had stated last month that the question of the suspension of the prime minister would be determined by the tribunal.
Sir Michael was expected to attend the tribunal’s opening session at 9am today.
After prosecuting lawyer Kaluwin Pondros had presented the charges, it was expected that an application would be made to have Sir Michael step aside from office as the prime minister.

Prime minister all set for battle

Day one:Charges againstSir Michael to be presented

 

PRIME Minister Grand Chief Sir Michael Somare will appear before a leadership tribunal today, charged with misconduct in office, The National reports.

The three overseas judges, appointed to sit in the tribunal, arrived yesterday from Australia and were sworn in by the Governor-General, Michael Ogio.

A master tactician and survivor of PNG's rough and tumble political field for 43 years, Sir Michael has decided not to go down without a fight.

His lawyers filed an urgent application on Tuesday to stop the tribunal from convening until the Supreme Court had decided on a matter before it which challenges the validity of his (PM's) referral for prosecution before a leadership tribunal.

All eyes will be focused on a small band of lawyers from the office of the public prosecutor who will set the ball rolling today, unless the tribunal decided otherwise, by reading the charges for which Sir Michael has been referred.

It is expected that immediately after the statement of reasons are given, the prosecuting team will move for the tribunal to suspend the prime minister from office.

As the prime minister prepares to face the tribunal, PNG grew eerily quiet yesterday.

His ruling National Alliance party met for a full week to discuss, among other things, candidates who were to succeed him as parliamentary leader and a cabinet line-up after him to lead government into next year's elections.

When the party machinery met with stony silence from the prime minister, it stopped meeting and it, too, fell silent.

Coalition partners and ministers, likewise, fell silent, stricken by the gravity of what is to transpire today.

Even the opposition, which has pushed for Sir Michael to resign all along, seemed stumped by the occasion. No vitriolic statement came.

It seemed as if the nation is holding its breath.

Sir Michael, 75, is the first prime minister to face a leadership tribunal out of five former colleagues.

The prime minister has been charged with failing to file his annual returns to the Ombudsman Commission between 1994 and 1997.

A court official said entry to the tribunal room (courtroom one) would be strictly controlled and unauthorised persons would not be allowed to enter.

The partitioned courtroom can sit only 150 or so people.

 

Prime minister all set for battle

Day one:Charges against Sir Michael to be presented


PRIME Minister Grand Chief Sir Michael Somare will appear before a leadership tribunal today, charged with misconduct in office, The National reports.
The three overseas judges, appointed to sit in the tribunal, arrived yesterday from Australia and were sworn in by the Governor-General, Michael Ogio.
A master tactician and survivor of PNG’s rough and tumble political field for 43 years, Sir Michael has decided not to go down without a fight.
His lawyers filed an urgent application on Tuesday to stop the tribunal from convening until the Supreme Court had decided on a matter before it which challenges the validity of his (PM’s) referral for prosecution before a leadership tribunal.
All eyes will be focused on a small band of lawyers from the office of the public prosecutor who will set the ball rolling today, unless the tribunal decided otherwise, by reading the charges for which Sir Michael has been referred.
It is expected that immediately after the statement of reasons are given, the prosecuting team will move for the tribunal to suspend the prime minister from office.
As the prime minister prepares to face the tribunal, PNG grew eerily quiet yesterday.
His ruling National Alliance party met for a full week to discuss, among other things, candidates who were to succeed him as parliamentary leader and a cabinet line-up after him to lead government into next year’s elections.
When the party machinery met with stony silence from the prime minister, it stopped meeting and it, too, fell silent.
Coalition partners and ministers, likewise, fell silent, stricken by the gravity of what is to transpire today.
Even the opposition, which has pushed for Sir Michael to resign all along, seemed stumped by the occasion. No vitriolic statement came.
It seemed as if the nation is holding its breath.
Sir Michael, 75, is the first prime minister to face a leadership tribunal out of five former colleagues.
The prime minister has been charged with failing to file his annual returns to the Ombudsman Commission between 1994 and 1997.
A court official said entry to the tribunal room (courtroom one) would be strictly controlled and unauthorised persons would not be allowed to enter.
The partitioned courtroom can sit only 150 or so people.

Wednesday, March 09, 2011

Aini blasts absentees

PUBLIC Accounts Committee (PAC) chairman Martin Aini expressed frustration over Finance and Treasury’s Gabriel Yer and Simon Tosali’s unavailability at an inquiry yesterday, The National reports.

Aini also raised dissatisfaction over the non-attendance National Housing Corporation (NHC) acting managing director Tarcissius Muganaua.

“If he does not appear during the inquiry tomorrow (today), the PAC will issue a warrant of arrest on him,” Aini said of Muganaua.

It was revealed that the PAC wrote to Muganaua last Oct 20 seeking information on the transfer of section 41 lot 57 in Boroko.

This was one of dozens of complaints received by the PAC from frustrated buyers who had paid for their homes years ago but had not received the titles.

“We chose this case at random but were surprised to find that even though the house had been paid in full, the NHC advertised the property for sale and the owners were threatened by supposed buyers and accompanying police with eviction notices.

“We sought information from you but you have ignored the letters. Why? We now serve you with a notice to produce the information.

“We want a full explanation in seven days and a firm timetable for transfer of the property, which should have been done years ago,” the chairman said.

Aini urged Yer and Tosali to be present during today’s session to respond to issues relating to their department.

This year’s PAC held its first sitting yesterday at parliament, holding an inquiry into the funding of health and hospital services in PNG.

The inquiry was also attended by other PAC members including Wewak MP Dr Moses Manwau (deputy chairman), Bulolo MP Sam Basil, Gazelle MP Malakai Tabar, Markham MP Koni Iguan and deputy speaker Francis Marus.

The main areas inquired into included health management in the Southern Highlands and Central, health training facility built near Laloki psychiatric hospital and the hospital itself, health department management and St John Ambulance services in the country.

The inquiry ended last Dec 15 and started yesterday.

The PAC intends to resume the inquiry in late March to take evidence from Nonga and Angau hospitals, as well as the Morobe health office and East New Britain government.

The PAC intends to conduct an inquiry into the Enga children’s trust fund, as well as into four provincial governments in Northern, West New Britain, East Sepik and New Ireland.

“The secretariat will issue and serve the necessary paperwork and prepare the inquiry for next month,” the PAC stated.

The PAC adjourned to 10am today, in which it is expected to bring before its presence the worst performing government institutions that have been identified to explain to the committee why they are unable to improve their performance.

Tamate to prosecute until next Thursday

By JULIA DAIA BORE

 

ACTING Public Prosecutor Jim Wala Tamate will officially vacate his acting position of two years next Thursday, The National reports.

He will be replaced on the same day by his successor, Camillus Sambua, a senior lawyer who had worked with the public prosecutor’s office for a number of years.

The official gazettal notice of the appointment of Sambua as acting public prosecutor and revocation of Tamate appeared in last Thursday’s gazettal No. G58, dated March 3.

This meant that Tamate would act in the position until next Thursday.

He is also expected to attend the start of the leadership tribunal tomorrow when the prosecution lawyer will deliver the charges of misconduct in office against Prime Minister Sir Michael Somare.

The prime minister has been charged with failing to file his annual returns to the Ombudsman Commission between 1994 and 1997.

All three members of the tribunal, ex-judges of the common law jurisdiction from abroad, are expected in the country today.

They will be sworn into office by the governor-general to take up their posts as members of the leadership tribunal.

Tamate told The National yesterday that due to the controversy over his revocation as chief public prosecutor, it was agreed that another senior prosecutor within the office would take the leading role at the tribunal.

He said that agreement would also affect Sambua.

Long-serving senior public prosecutor Kaluwin Pondros has been tasked the job as leading prosecutor at the tribunal.