Prime minister fails bid to stop tribunal

By JULIA DAIA BORE and JACOB POK
ATTEMPTS by Prime Minister Sir Michael Somare to stop the leadership tribunal from hearing charges of misconduct in office against him yesterday have been rejected, The National reports.
Responding to an application by the prime minister’s legal team to stay the hearing until a 2008 matter relating to the charges and the referral by the Ombudsman Commission are heard by the Supreme Court, tribunal chairman Roger Gyles said the tribunal “will proceed until such time when there is a National Court order” in place.
The denial of the request by the defence team, headed by Australian counsel Ian Molloy, came after the prime minister’s lawyers could not produce proof that there was written correspondence between Sir Michael and the ombudsman explaining the reasons over the leader’s failure in submitting his annual returns for the period specified in the charges.
Midway into the tribunal hearing yesterday morning, the defence team had requested for an adjournment to produce a letter from their office. However, upon reconvening after 30 minutes, Molloy informed the tribunal panel that they could not locate the letter.
“You mean to say there is no such letter?” tribunal co-judge Sir Robin Auld asked Molloy, who said that was what it seemed like.
Gyles then ruled that the stay application be shelved.
The tribunal also deferred its decision to have the prime minister suspended from office, according to section 142(6) of the constitution, to next Monday when both parties had presented their arguments.
Responding to an application by the public prosecution team, headed by Kaluwin Pondros, to effect the suspension, Molloy argued that such a move would not be in the best interest of Sir Michael in his current role as prime minister and that of the public.
Both parties were then directed to present their arguments next Monday before a ruling could be made on the application.
The tribunal reconvened at 1.30pm yesterday for Kaluwin to present all individual charges against the prime minister.
Hearing was suspended when Molloy asked for an adjournment to 1.30pm today to await the arrival of an accountant from Australia to be the prime minister’s witness. The accountant is expected in Port Moresby at 8.30am today.

Prime  Minister Sir Michael Somare leaving the Waigani court premises yesterday, flanked by Petroleum Minister William Duma (right) and National Alliance party general secretary Stephen Pokawin. Following at the back (far left) is Deputy Prime Minister Sam Abal. – Nationalpic by EKAR KEAPU

In his submission to the tribunal yesterday, Kaluwin outlined 25 individual charges against the prime minister which were broken into three main categories. They were:
* Failing without reasonable excuse to give annual statements to the Ombudsman Commission – under which there were five separate instances;
*Failure to give annual statements, at least once in every period of 12 months – eight individual charges were cited; and
*Incomplete annual statements – 12 individual charges listed.
The tribunal continues today.

Capital wakes up to a first for Papua New Guinea

By JULIA DAIA BORE

 

THERE was excitement in the air as early as 8am yesterday when the fenced-in car park at the Waigani and Supreme Court premises started filling up, The National reports.

It was the first day of a leadership tribunal hearing charges of misconduct in office against Prime Minister Sir Michael Somare, scheduled for 9.30am.

The court’s security personnel were busy at work marking out the parking spaces with signposts and erecting bright orange traffic cones to indicate who should park where. Lines were clearly drawn to indicate where the prime minister and his entourage would park their cars, where the team from the office of the public prosecutor and the Ombudsman Commission was to be accommodated and what was reserved for the public.

Reporters from The National, who had arrived at the courthouse as early as 7.30am, were informed that only 10 seats were reserved for the media in courtroom one (an area which can seat up to 110 people).

Entry was closely monitored with specially designated areas and controlled seating.

Just before 9am, the prime minister arrived under the escort of a single 10-seater police van. Sir Michael walked into the court premises like any ordinary person going to court and entered courtroom one, accompanied by National Alliance general secretary Stephen Pokawin and other party executives.

Following them were Public Enterprises Minister Arthur Somare (prime minister’s son) and Betha Somare (who is the prime minister’s daughter and press secretary) in the company of other government ministers and MPs.

Almost two-thirds of the National Executive Council members were present for the opening day of the leadership tribunal yesterday.

At 9.28am, tribunal chairman Roger Gyles and co-judges Sir Bruce Robertson and Sir Robin Auld took up their seats inside the courtroom.

The tribunal was in session at 9.30am.

 

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 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.

 

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.