GRAND Chief Sir Michael Somare said from Singapore yesterday that "there has never been a vacancy in the position of prime minister", The National reports.
In a media statement, he said: "Let me be clear. I am ready, willing and able to complete my term as the only legally elected prime minister of Papua New Guinea."
The signed statement, his first since he was hospitalised in April, was e-mailed by daughter Betha Somare to the media.
Prime Minister Peter O'Neill responded last night by saying there was no vacancy to be filled by Sir Michael.
He said: "We welcome the news that the Grand Chief has recovered sufficiently to travel. As a citizen, he is free to travel as and when he pleases and we will accord him the respect he deserves.
"In so far as government is concerned, parliament has spoken overwhelmingly against his (Sir Michael's) government and elected in a new government.
"As he has demonstrated, many times in the past, we expect him to respect the clear mandate of parliament."
Sir Michael's statement read in part: "Sections 142-145 of the Papua New Guinea Constitution are very clear about the election and removal of a prime minister.
"There has never been any vacancy in the position of prime minister.
"As elected representatives, we must uphold the Constitution of Papua New Guinea and respect the independent role of the Supreme Court and, therefore, not pre-empt any judgment.
"O'Neill should know that the East Sepik provincial government is acting fully within its rights to file a Supreme Court reference under section 19 of the Constitution by questioning the legitimacy of the election.
"If O'Neill thinks that his election is legitimate, he should not feel threatened by the actions of the East Sepik provincial government.
"The Supreme Court reference raises legitimate questions and has a right to be heard."
Sir Michael further said the prime minister's recent claims that no law was broken by parliament might invite contempt of the Supreme Court as the very matter of whether or not laws were broken was before the court.
Thursday, September 01, 2011
Wednesday, August 31, 2011
Pregnant worker shot dead at Tolukuma
MOTHER of two Jacinta Rony was gunned down in broad daylight last Saturday at the Tolukuma gold mine in the Goilala district of Central province, The National reports.
And grieving relatives are now claiming that mine owner Petromin is trying to sweep the killing under the carpet.
Rony, 36, three months pregnant with her third child, died from gunshot wounds to the neck while a male employee was left unconscious by the criminals who had breached security at the mine site. Both were employed by Ipi Mountain Catering, the company which provides catering service to the mine as well as run the canteen to serve the surrounding community.
Family spokesman Air Niugini pilot Captain Joseph Kumasi said yesterday that 48 hours after the killing, neither Petromin nor Ipi Mountain Catering had come forward to provide the family with an official account of what happened.
Instead, the mine had emailed all its managers on Sunday not to talk to the media about it.
The National could not talk to Petromin's corporate manager Sam Inguba who was on recreational leave while calls to managing director Joshua Kalinoe's office were referred to acting public affairs manager Babani Maraga who said a statement would be forthcoming.
Kumasi was also concerned that Petromin did not have the courtesy to notify Rony's husband John Kaima, a mine employee who was on field break in Mt Hagen, of his wife's death.
He added that her IPI colleagues at Tolukuma informed family members in Port Moresby who in turn broke the sad news to Kaima.
Rony, from Numboruon village, Yangoru, East Sepik, had been with Ipi Mountain Catering for the past five years, her recent posting was as supervisor of canteens at Tolukuma mine.
According to relatives, she had closed shop at 3pm and was taking the day's taking to the office when she was ambushed, dying on the spot within minutes of the attack.
Kumasi said the while relatives appreciated that no information of the killing must be made public while police investigations were continuing, they had the right to know whether lack of security personnel at the mine site for non-mining facilities had led to this unfortunate incident.
This was given the fact that mine had embarked on a cost-cutting exercise recently.
Ipi Catering chief executive officer Scott O'Reilly yesterday confirmed the death.
"The employees were set upon by armed criminals on Saturday evening following the close of trade at the company's kiosk near Tolukuma," he said.
O'Reilly said police were now investigating.
And grieving relatives are now claiming that mine owner Petromin is trying to sweep the killing under the carpet.
Rony, 36, three months pregnant with her third child, died from gunshot wounds to the neck while a male employee was left unconscious by the criminals who had breached security at the mine site. Both were employed by Ipi Mountain Catering, the company which provides catering service to the mine as well as run the canteen to serve the surrounding community.
Family spokesman Air Niugini pilot Captain Joseph Kumasi said yesterday that 48 hours after the killing, neither Petromin nor Ipi Mountain Catering had come forward to provide the family with an official account of what happened.
Instead, the mine had emailed all its managers on Sunday not to talk to the media about it.
The National could not talk to Petromin's corporate manager Sam Inguba who was on recreational leave while calls to managing director Joshua Kalinoe's office were referred to acting public affairs manager Babani Maraga who said a statement would be forthcoming.
Kumasi was also concerned that Petromin did not have the courtesy to notify Rony's husband John Kaima, a mine employee who was on field break in Mt Hagen, of his wife's death.
He added that her IPI colleagues at Tolukuma informed family members in Port Moresby who in turn broke the sad news to Kaima.
Rony, from Numboruon village, Yangoru, East Sepik, had been with Ipi Mountain Catering for the past five years, her recent posting was as supervisor of canteens at Tolukuma mine.
According to relatives, she had closed shop at 3pm and was taking the day's taking to the office when she was ambushed, dying on the spot within minutes of the attack.
Kumasi said the while relatives appreciated that no information of the killing must be made public while police investigations were continuing, they had the right to know whether lack of security personnel at the mine site for non-mining facilities had led to this unfortunate incident.
This was given the fact that mine had embarked on a cost-cutting exercise recently.
Ipi Catering chief executive officer Scott O'Reilly yesterday confirmed the death.
"The employees were set upon by armed criminals on Saturday evening following the close of trade at the company's kiosk near Tolukuma," he said.
O'Reilly said police were now investigating.
Judges query law’s status
A PANEL of five judges of the Supreme Court hearing the reference by the Ombudsman Commission on the legality of the Constitutional Amendment Law 2008 yesterday questioned whether it had been made law yet, The National reports.
Lawyers representing the State could not confirm this.
The Speaker was represented by Charles Mande of Kelly Naru Lawyers while the Deputy Solicitor-General Laias Kandi represented the attorney-general.
Chief Justice Sir Salamo Injia asked Mande if the Constitutional Amendment Law 2008 was still a "proposed law" or had already been a "law".
Mande said he was not in a position to confirm it.
Justice Bernard Sakora also wanted to know whether the Speaker's instructions were from the time the amendments were debated in Parliament in 2008 or were they from the current Speaker.
Mande and Kandi said they had received recent instructions from the Speaker and the Attorney-General respectively before appearing in court.
The judges agreed that the two lawyers be given time to consult their clients and adjourn the matter to next Monday.
Lawyers representing the State could not confirm this.
The Speaker was represented by Charles Mande of Kelly Naru Lawyers while the Deputy Solicitor-General Laias Kandi represented the attorney-general.
Chief Justice Sir Salamo Injia asked Mande if the Constitutional Amendment Law 2008 was still a "proposed law" or had already been a "law".
Mande said he was not in a position to confirm it.
Justice Bernard Sakora also wanted to know whether the Speaker's instructions were from the time the amendments were debated in Parliament in 2008 or were they from the current Speaker.
Mande and Kandi said they had received recent instructions from the Speaker and the Attorney-General respectively before appearing in court.
The judges agreed that the two lawyers be given time to consult their clients and adjourn the matter to next Monday.
Wartoto’s bail raises concern
THE government-appointed special investigation team which arrested Kokopo businessman Eremas Wartoto on Monday has questioned why the police released him on bail, The National reports.
Sam Koim, the chairman of the investigation task-force sweep, said in a statement that Wartoto had been charged with an indictable offence and only the National Court had the jurisdiction to deal with the issue of bail in such offences and not the police.
He said because of the nature of the offence, the team had requested police to refuse bail when Wartoto was arrested on Monday.
He said Wartoto was brought to the Boroko police cell and locked up at 1.30pm on Monday.
Koim said he was advised later that Wartoto was released on a K5,000 police bail around 4.20pm.
He said as a matter of protocol and procedure, when there was a request for refusal of bail, the police officer who was exercising powers as a bail authority should first check with the investigating authorities and arresting officers to confirm the nature of the arrest.
He said this was usually done to ensure that if bail was granted, then it must be conditional.
"But in this case, that was not done. I as the chairman of the investigation team express great concern on how a police senior command of NCD and Central saw fit to grant bail to the prisoner of state when he was put into police custody," Koim said in the statement.
Meanwhile, Wartoto failed to appear at the Waigani District Court yesterday.
A lawyer representing Wartoto, from the law firm Manase and Company Lawyers told the court they were not aware that the case was scheduled for yesterday.
He faces charges of misappropriating K7 million of the rehabilitation of education sector development fund belonging to the Kerevat National High School.
The case is expected to be called again today.
‘Ploy to oust Grand Chief'
THE planned recall of parliament next Tuesday has been described as a ploy to disqualify Sir Michael Somare from the East Sepik parliamentary seat he has held for more than 40 years, The National reports.
East Sepik Governor Peter Wararu stated this in a second submission delivered to the Ombudsman Commission yesterday, calling on the watchdog to use its powers to stop parliament from meeting on Sept 6.
Prime Minister Peter O'Neill had announced last week that parliament would be recalled two weeks ahead of schedule to discuss important national issues. Among them were the proposed Hela and Jiwaka provinces and the reserved seats for women.
Public notices to that effect were this week placed in the daily newspapers by Speaker Jeffery Nape, announcing the early recall of parliament.
Wararu said in a statement last night that the national government was recalling parliament early "to force Sir Michael into a third consecutive absence from the meetings of parliament to disqualify him as member under section 104(2)(d) of the Constitution".
He said this was clear from the 24 questions being added to the East Sepik provincial executives' special reference to the Supreme Court by Young & Williams Lawyers on behalf of Prime Minister Peter O'Neill and his deputy Belden Namah.
"These questions focus on creating a vacancy by absenteeism of the Grand Chief from parliamentary meetings," Wararu said.
The latest submission to the Ombudsman Commission was signed by Wararu, East Sepik deputy governor and chairman of assembly services-PEC Toby Samek and Angoram MP Arthur Somare.
It said: "The unconstitutional recall of parliament simply adds another layer of questions on the constitutionality of the decision and action compounding the issues already in the Supreme Court.
"The swiftest legal procedure available is for the Ombudsman Commission to intervene by invoking their powers under section 27(4) of the Constitution to direct that:
. The earlier recall of parliament to Sept 6, 2011, is unconstitutional on the basis that it does not comply with section 2(1)(a)(iii) of the Organic Law in that no exceptional circumstances exist;
.The parliamentary meeting should remain as decided by parliament and adjourned to Sept 20, 2011."
The submission argued that the bills brought forward for debate next Tuesday had appeared on the notice papers for parliament's sitting on Sept 20, and that no new facts or exceptional circumstances had been demonstrated to require an early recall of parliament.
"We, again, reiterate our earlier submission that the matter is still sub-judice in the Supreme Court.
"The primary question in that reference is whether the government, led by O'Neill, is constitutionally formed and legitimate.
"To force a recall of parliament is an attempt to, firstly, assume and, secondly, to reinforce a claim to legitimacy which directly impinges on the primary question before the Supreme Court.
"It is, therefore, contemptuous," the submission read.
East Sepik Governor Peter Wararu stated this in a second submission delivered to the Ombudsman Commission yesterday, calling on the watchdog to use its powers to stop parliament from meeting on Sept 6.
Prime Minister Peter O'Neill had announced last week that parliament would be recalled two weeks ahead of schedule to discuss important national issues. Among them were the proposed Hela and Jiwaka provinces and the reserved seats for women.
Public notices to that effect were this week placed in the daily newspapers by Speaker Jeffery Nape, announcing the early recall of parliament.
Wararu said in a statement last night that the national government was recalling parliament early "to force Sir Michael into a third consecutive absence from the meetings of parliament to disqualify him as member under section 104(2)(d) of the Constitution".
He said this was clear from the 24 questions being added to the East Sepik provincial executives' special reference to the Supreme Court by Young & Williams Lawyers on behalf of Prime Minister Peter O'Neill and his deputy Belden Namah.
"These questions focus on creating a vacancy by absenteeism of the Grand Chief from parliamentary meetings," Wararu said.
The latest submission to the Ombudsman Commission was signed by Wararu, East Sepik deputy governor and chairman of assembly services-PEC Toby Samek and Angoram MP Arthur Somare.
It said: "The unconstitutional recall of parliament simply adds another layer of questions on the constitutionality of the decision and action compounding the issues already in the Supreme Court.
"The swiftest legal procedure available is for the Ombudsman Commission to intervene by invoking their powers under section 27(4) of the Constitution to direct that:
. The earlier recall of parliament to Sept 6, 2011, is unconstitutional on the basis that it does not comply with section 2(1)(a)(iii) of the Organic Law in that no exceptional circumstances exist;
.The parliamentary meeting should remain as decided by parliament and adjourned to Sept 20, 2011."
The submission argued that the bills brought forward for debate next Tuesday had appeared on the notice papers for parliament's sitting on Sept 20, and that no new facts or exceptional circumstances had been demonstrated to require an early recall of parliament.
"We, again, reiterate our earlier submission that the matter is still sub-judice in the Supreme Court.
"The primary question in that reference is whether the government, led by O'Neill, is constitutionally formed and legitimate.
"To force a recall of parliament is an attempt to, firstly, assume and, secondly, to reinforce a claim to legitimacy which directly impinges on the primary question before the Supreme Court.
"It is, therefore, contemptuous," the submission read.
Tuesday, August 30, 2011
Wartoto charged
By JACOB POK
KOKOPO businessman Eremas Wartoto has been arrested, questioned and charged by Port Moresby police, The National reports.
He was locked up at the Boroko police station for three hours yesterday before being released on a
K5,000 police bail.
Wartoto has been charged with misappropriation of K7 million of rehabilitation of education sector implementation (RESI) funding for the Kerevat National High School.
He confirmed with The National last night that his charges were in relation to the school RESI funds.
The school funds involved more than K7 million made in two separate payments.
Special task force on corruption chairman Sam Koim told The National that Wartoto was also being investigated for the K10 million development funds from National Planning and Monitoring which he used to start his airline company, Travel Air, and "a myriad of other companies he owns or controls".
Wartoto, when contacted last night, said he would release a media statement today.
Koim said in a statement Wartoto was the first to be arrested by the task force appointed by the NEC on Aug 11 to investigate allegations of corruption at the department involving about K2 billion.
Yesterday's arrest related to more than K7 million that Wartoto had allegedly received through two separate payments for Kerevat National High School.
Koim said he was charged with misappropriation under section 383(A)(91) of the Criminal Code Act.
"As a matter of law, he is presumed innocent until proven guilty. He must now go through the normal criminal process in court to prove his innocence of the charge laid against him."
Wartoto is expected to appear in court this week.
Government will ensure LLGs are equipped, says Basil
THE national government will ensure that local level government wards in the country are given necessary machinery and vehicles to facilitate the delivery of basic services, National Planning Minister Sam Basil says, The National reports.
He said last week in Kokopo, East New Britain, the government would focus on rural areas which currently lacked basic services.
Basil said LLG managers needed to have bulldozers which they must operate and maintain for at least 2,000 hours, and use them during bad weather to repair roads.
"This way LLGs can fix their roads and open up the market for people in rural areas," he said.
He said LLG managers must each have a police car and an officer who could train 10 locals as reservists to help monitor law and order in the communities.
Basil said police presence must be maintained in rural areas in light of recent land and social problems.
He said an ambulance should be stationed at the LLG level to help those seeking health services
Basil said the VSat system was important to provide communication so that LLGs could be hooked up to a fax machine and access internet to submit reports to the provincial and national governments when needed.
He said a tractor would allow the LLG to plough the land for agricultural use.
Basil said all these could be operated on a user-pay basis but the government must provide these equipment and vehicles so that people could enjoy better services.
He urged parliamentarians to wisely use the K20 million they received from the government on sustainable projects.
He said last week in Kokopo, East New Britain, the government would focus on rural areas which currently lacked basic services.
Basil said LLG managers needed to have bulldozers which they must operate and maintain for at least 2,000 hours, and use them during bad weather to repair roads.
"This way LLGs can fix their roads and open up the market for people in rural areas," he said.
He said LLG managers must each have a police car and an officer who could train 10 locals as reservists to help monitor law and order in the communities.
Basil said police presence must be maintained in rural areas in light of recent land and social problems.
He said an ambulance should be stationed at the LLG level to help those seeking health services
Basil said the VSat system was important to provide communication so that LLGs could be hooked up to a fax machine and access internet to submit reports to the provincial and national governments when needed.
He said a tractor would allow the LLG to plough the land for agricultural use.
Basil said all these could be operated on a user-pay basis but the government must provide these equipment and vehicles so that people could enjoy better services.
He urged parliamentarians to wisely use the K20 million they received from the government on sustainable projects.
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