Supreme Court rebukes PM

SIR Michael Somare has been castigated by the Supreme Court and cited for "preventing a necessary and proper legal process from taking its proper course", The National reports.

He has been accused of applying delaying tactics in his prolonged legal battle against the Ombudsman Commission which go against good public administration and good governance.

In a landmark decision last Friday, the Supreme Court dismissed all matters brought before it by Sir Michael.

In the process, the court made findings that clarified confusions surrounding the question of exactly when a leader ought to be suspended from office.

The Supreme Court decision by Deputy Chief Justice Gibbs Salika and justices Nicholas Kirriwom and Ambeng Kandakasi had restored the time of suspension of a leader back to the moment when the public prosecutor makes a decision to refer a leader to a leadership tribunal.

"For avoidance of any doubt, we reiterate that suspension is triggered or takes effect from the moment a decision  is made to refer a leader to a leadership tribunal by the public prosecutor ..." the court ruled.

This now meant that Public Enterprises Minister Arthur Somare and Treasurer and Finance Minister Patrick Pruaitch are automatically suspended as both had been referred to separate leadership tribunals.

Somare appeared before his tribunal yesterday and his suspension was confirmed by his own counsel.

An earlier decision in Pruaitch's case, relating to tendering of certain documents before the tribunal before suspension is effected, was found to be "bad law".

Suspension is not automatic only in the case of the referral of the prime minister, the chief justice and the public prosecutor.

All others, without exception, are covered by section 27(2) of the Leadership Code which states that leaders are suspended when the public prosecutor decides to refer them to a leadership tribunal.

While facing the leadership tribunal, Sir Michael decided to file certain proceedings in court raising questions of interpretation and application of the constitution mainly to review processes brought against him by the Ombudsman Commission and the public prosecutor.

Having made its decision, the court said: "The various steps Sir Michael took, through his legal counsel or advisers, were nothing short of an attempt at preventing a process ordained by law taking its proper course."

The court ruled that through the unnecessary delay tactics, Sir Michael denied himself justice and quicker options and reliefs under normal process.

"The process, albeit with much delay, has now been concluded with no direct challenge against its conclusion by Sir Michael.

"These proceedings, therefore, have no utility and have been a total waste of the court's time."

Costs were awarded against the PM.

Chief takes first few steps

By JEFFREY ELAPA

 

PRIME Minister Sir Michael Somare has been walking with aid in hospital and talking since last Thursday, although his recovery is expected to be slow, The National reports.

According to Brian Gomez, media adviser to State Enterprises Minister Arthur Somare, Sir Michael has been walking with assistance after weeks of being confined to bed in a hospital in Singapore after undergoing surgery.

Gomez said Sir Michael had been walking and talking since last Thursday.

He underwent heart surgery in April and then underwent two more re-construction surgeries.

Theresa Kumo, media adviser in the Prime Minister's Department, said, when asked for more information on Sir Michael, any official statement on the condition of the Grand Chief would come from the family of Sir Michael.

Kumo said although Sir Michael was recovering, it was too early to comment on anything because any statement would have to come from the family.

Last Tuesday, Sir Michael's son Arthur revealed to the nation of his family's intention to retire their father from active politics.

However, under the law, Sir Michael will have to officially declare his intention to step down from office and formally inform the head of state of his decision.

In the case of ill-health, the government may nominate two doctors to examine him and give their professional opinion on whether he is capable of continuing in office as prime minister.

It would be left to parliament to decide, if he was declared unfit to continue or decides to step down, on who should succeed him.

There were already reports of factions lobbying to get the top post and the leadership of the National Alliance party.

Meanwhile, it is understood that Fiji's prime minister  Frank Bainimarama, who is in Singapore to watch the netball world championship, is likely to visit Sir Michael in hospital. This, however, could not be confirmed with Fiji's permanent secretary for information Sharon Smith-Jones yesterday.

 

 

K125m glitch will be fixed, say ministers

By ISAAC NICHOLAS in Kokopo

 

TWO senior government ministers have assured Nasfund contributors that the government will correct any anomalies in the K125 million saga in the next appropriation bill, The National reports.

National Planning Minister Paul Tiensten and Communication Minister Patrick Tammur gave the assurance yesterday.

Tammur was the initiator of the controversial sovereign community infrastructure bill.

Neither men would comment on a Central Bank report that the entire saga was conducted outside the normal financial approval processes and in contravention of the Public Finances Management Act.

Tiensten said the government would accommodate the arrangement in the next appropriation bill whether it was a supplementary budget or the budget proper for next year.

"The maturity period for the loan is 2014 for the government to start repaying as guarantor of that funding," he said.

Tiensten said the timing was within the period when the government was expected to get proceeds from the liquefied natural gas project.

He said the Nasfund loan was unlike conditional loans or multi-lateral loans that would cost the state more and  exposed to external risks.

Tammur denied claims that the K125 million had been released to the Kokopo district.

He said the Kokopo joint district planning and budget priorities committee, in prioritising projects, identified water supply and roads as a major development agenda.

He said the committee came up with a project submission and knocked on the doors of donor funding agencies including Nasfund.

"The people of Kokopo are only the recipients, the procedures and procurements are the responsibility of the funding agency," Tammur said.

"The treasury minister authorised or signed off the documents to guarantee Nasfund that the money will be repaid by the government.

"The K125 million is still with Nasfund," he said.

He said a similar arrangement was made to build the Poreporena Freeway.

Ramu workers go on rampage

By RIGGO NANGAN

 

MORE than 1,000 wor­kers on strike at the multi-million kina Ramu Agri-Industries Ltd oil palm project in Gusap Downs, Ramu Valley, destroyed company properties yesterday after the mill management failed to address their grievances, The National reports.

Gusap police station commander Insp Adam Busil and his men had to calm down the angry workers after they had cut through the fence into the mill site and started destroying company properties.

Busil said he had warned the workers that their strike was an industrial matter and it was up to the company management to respond to their demands. But if they started to destroy properties or harass people, then police would deal with them, he said.

The workers from the first, second, third and fourth divisions of the oil palm project, after waiting in vain for the management to address their grievances, went on the rampage claiming that their petition had not been attended to after lodging it last week.

They claimed to have waited at the oil palm estate at Gusap Downs since last Saturday but the management at Ramu sugar estate in Ramu town, several kilometers away, did not respond directly but instead sent the union representatives to talk to them.

They said their main grievances were low pay, lack of safety gear, inadequate housing allowances, entitlements and death benefits.

They said they received an hourly rate of K1.78 and a harvest target of 120 fruit bunches at 0.12 toea per bunch for eight hours daily. The workers claimed that they usually harvested more than 120 bunches under harsh conditions at times but were paid for only 120.

They said they were not issued with footwear or hand gloves as the dried oil palm leaves and stalks were very sharp.

Attempts to get comments from the company management yesterday were unsuccessful.

Flowers and trees in the lawn outside the mill were cut down and a fallen tree was laid across the main entrance into the mill.

A section of the wire fence was cut and glass windows of the main mill office, an oil analysis laboratory and a weighbridge reading panel were smashed and a computer screen removed.

A truck parked outside the office also had its windscreen smashed and a pile of paper was placed under the fuel tank ready to be lit.

Signboards were torn and debris were scattered along the main oil palm road leading into the mill.

The glass window of a butcher retail outlet nearby was smashed with rocks and beef from the abattoir was removed before the looters were stopped by police.

Lae contractors line up to get payout from council

Words and picture by PISAI GUMAR

 

Despite heavy down pour in Lae city whole day today, almost 500 contractors engaged for minor grass cutting and cleaning drainage around various city locations fronted at Lae City Council (LCC) office to get their payment for the work done three years ago.

Officers that requested anonymity reported the major road work contractors are still waiting for their payments.

Most payments were due for payments back in 2008 coupled with 2009 until 2011.

Some of these works could be done by the LCC health and community services; otherwise could be directed into respective wards to engage youth, women, church and sporting groups to involve.

 However, contractors were involved without knowledge of the responsible sectional heads.

The picture shows contractors waiting for their names to be called to receive payments.

The rate of the payments defers on tools, manpower and the size of the work.

K1.9million ravaged

Probe exposes shady deals by civil servants

 

By JEFFREY ELAPA

 

A TOTAL K1.9 million of the development budget has been committed in just three months and much of it in questionable projects, an investigation reveals, The National reports.

The investigation, conducted by private law firm, Korowi Lawyers, into the Department of National Planning further asserted that a network of senior workers have been awarding themselves lucrative contracts from the development budget to their own companies.

The report, hastily put together in a short space of time on the directions of reinstated secretary, Joseph Lelang, contained names of the senior officers, their companies and instances of the alleged transactions along with cheque details.

Copies had been sent to Acting Prime Minister Sam Abal and the fraud squad.

The report cited acting secretary Ruby Zarriga and Minister Paul Teinsten as having turned a blind eye on the actions of the senior officers. Both were recommended for serious disciplinary actions.

Nearly K23 million out of a K30 million, allocated under the church-state partnership programme, was reported to have disappeared leaving only K22,000 in the till as of June 1.

The report further recommended that a number of projects totalling K33.7 million would need to be further investigated while some 17 payments, totalling K14.3 million, were made without any project documentation received.

Other recommendations were: 

*That head of department to commence disciplinary proceedings and refer officers to the police fraud and anti-corruption squad for criminal investigation;

*Use the proceeds of Crime Act to recover all monies paid out as well as repossessing tangible properties;

*For the acting prime minister to commission an inquiry into this year’s development budget by allowing for independent investigators;

*To discipline acting secretary Ruby Zarrigga and minister Paul Teinsten; and

*To abolish the Department of National Planning and Monitoring and transfer all financial powers to Treasury Department, the adoption of one appropriations Act and transfer of policy and planning functions to the Prime Minister’s Department.

A total K1.9 billion, which comprised 90% of the national government component of the K4.2 billion development budget, was alleged to have been mismanaged.

The balance of the budget comprised foreign aid monies, of which 75% was from AusAID.

The K1.9 billion in total warrant authorities were reportedly released by the Department of Treasury of which K735 million in project monies were placed under trust accounts held by the Department of Finance.

A remainder of K1.2 billion was released to projects by the Department of National Planning and Monitoring over three months from March to May.  

While lengthy future scrutiny would reveal what had happened to all the funds, several incidences of mismanagement of the development budget programmes were discovered and contained in the report.

For example, the district market programme was allocated K20 million under the budget. Of this, a total K10.442 million was released in two batches leaving a balance of K9.558 million. However, the report revealed a nil-balance with the money transferred or diverted elsewhere.

It was further revealed that certain districts did not acquit previous funds but still continued to receive funding. These included Telefomin, Imbonggu and Talasea markets.

The report revealed that senior managers of the department received much of these funds through several private companies (registered with IPA) to benefit themselves and their cronies.

A total K30 million was

allocated to social development funds governed by the church-state partnership framework

and executed between the state and church partners in October 2008.

It was reported that between March and May this year, a total of K7,160,263.66 was released to projects without records for the balance of K22,817,321.34.

The balance as of June 1 was only K22,415.

Lawyer: Police shock family in dawn raid

By JEFFREY ELAPA

 

A TEAM of police officers allegedly stormed the home of National Planning secretary Joseph Lelang and harassed his wife and children early last Friday, his lawyer Philemon Korowi claims, The National reports.

Korowi told reporters that the officers entered the home at around 4am last Friday and demanded to know the whereabouts of Lelang.

He questioned the actions of the police officers, saying they had traumatised the family.

“We deplore the conduct of the policemen as being unprofessional, undisciplined and sinister,’’ he said.

Lelang was charged by police earlier this year with breaking in and entering his office after he was reinstated by the court to his current position. He had been earlier suspended from that position over certain allegations levelled against him. The court had ruled in his favour.

The latter case is pending in court.

But, last week, police wanted to question him over reports he was trying to interfere with state witnesses in the case.

Lelang was summoned twice by the police to go to the Boroko police station. Even Police Commissioner Anthony Wagambie wrote to him to go to the police station. He failed to do so.

But Korowi said the police officers had treated the Lelang unfairly.

“If it was in relation to the criminal charges against Lelang, in which he was requested to attend at the Boroko police station for a record of interview relating to the complaints of attempting to pervert the course of justice, then, there was no urgency for him to attend as he was not a common criminal,” the lawyer said.

He said Wagambie had agreed to a request from Lelang to delay his visit to the police station because he had to seek a medical check overseas and that he would come to the police station upon his return.

Korowi claimed that the police officers did not have any arrest or search warrants.

He said he had reported the matter to Wagambie and lodged a formal complaint with the internal public complaints division.