By MALUM NALU
FORMER PNG Medical Society (PNGMS) president Dr Mathias Sapuri has been alleged to have misused society funds totalling almost K1 million, The National reports.
Society treasurer and medical doctor Prof Glen Mola, in a no-holds barred report to be presented at the PNG Medical Symposium in Kimbe, West New Britain, next week, said it would be up to the symposium to decide on what course of action to take against Sapuri for unaccounted funds totalling K820,614.
This includes Sapuri's withdrawal of K100,000 from the society's account in Wewak in August last year, a day after he was replaced by Prof Nakapi Tefuarani.
Sapuri, when contacted yesterday, said the allegations were "highly defamatory" and that he would be presenting a fully-audited reported for 2009-10 at the symposium next week.
He said legal action would be sought against Mola if the allegations were found to be "false".
"This is all being cooked up," Sapuri said.
"These people are trying to smear my reputation."
Sapuri sent an email to Mola earlier this week expressing his concern about the information being released.
"I must say that I am disappointed with your approach regarding this matter," he told Mola.
"I wrote to the president (Tefuarani) requesting that I present the full financial report and the audit at the Kimbe annual general meeting (AGM).
"I am advised that I will do so by presenting my exit report as the former president together with the above.
"I will not disseminate my report as you have done but will present in person at the AGM.
"All the members should hear the other side of the story."
Mola said in the report that over the past three years, the executive of the PNGMS had spent budgets totalling more than K1 million; but for some K820,614, it was not clear from the cheque butts, and other records, who was the actual beneficiary of these monies — there were no records of payees on the society's cheque book butts.
"We have not been able to obtain any records of acquittal of these monies," he said.
"At a face-to-face meeting between the current executive and Sapuri on Jan 7, he (Sapuri) made a commitment to supply acquittal details for all the cash monies that he had withdrawn from the society's bank accounts by the middle of January.
"This has not occurred.
"The accountant who has been engaged by PNGMS since 2007 — RAM Business consultants, Rex Paki — met with the president and treasurer on Feb 4 and brought draft financial statements for our perusal.
"The problem with all financial statements of the society — since RAM business consultants have been the society accountant — is that there are no details of payees recorded; that is, there are no details as to who actually receives the monies for things like medical symposium expenses, accommodation, hire, meeting expenses, fund raising expenses, rental, allowances, consultancy fees.
"The executive sought a legal opinion from Greg Sheppard of Young and Williams Lawyers as to the legal status of this withdrawal.
"Sheppard responded on May 11 to say 'Sapuri should be referred to the police for criminal investigation and prosecution for committing fraud and stealing offences under the Criminal Code':
"The president has indicated that he will seek the views of the members of the society at the AGM with regards what course of action should be taken.
"In addition, when the new executive took over on Sept 1, 2010, society admin officer Ms Rose Solien informed the executive that Dr Sapuri had taken all the members' subscriptions amounting to approximately K90, 000 – 100,000.
"This money has never been deposited into the society account.
"The treasurer also wrote to accountant Rex Paki on March 28, 2011, requesting information with regards the acquittal of these cash withdrawals.
"Neither party has responded to these written requests."
Friday, September 02, 2011
Namah urges family not to rush Sir Michael
Deputy Prime Minister Belden Namah has called on the so mare family and parliamentarians from the former government not to "pressure" the Grand Chief into making "rushed decisions", The National reports.
Namah said in reaction to The National's front page story yesterday on a signed statement from Sir Michael Somare sent by his daughter Betha, saying he was still the legally elected prime minister.
In a media conference in Port Moresby yesterday, Namah said the Grand Chief should not be forced to return from Singapore where he is recovering from an open heart surgery and two corrective operations.
"The Grand Chief must be allowed to fully recover at his own time without being hassled by family members and close associates to make decisions," Namah said.
He claimed that last week Sir Michael had been hassled over the national radio to declare that he wanted to celebrate the 36th Independence anniversary in the country.
Namah said while the nation continued to pray for the Grand Chief's speedy recovery, "that process should not be circumvented by individuals and groups who have sinister motives and vested interests".
Namah, whose government took power on Aug 2, said Sir Michael's health was far more important than him returning home to celebrate independence on Sept 16.
"Arthur and Betha, including the remnants of the previous government, must respect Sir Michael and must not use the media for trial," he said.
He said in the case Sir Michael decided to come back to the country earlier than advised by his doctors, "the government will appoint three independent medical practitioners to confirm as to whether he is fit to travel as a former prime minister and the Grand Chief of the country".
Namah, who is speaking on behalf of Prime Minister Peter O'Neill who is in Fiji, said even if Sir Michael was ushered to Papua New Guinea, "there is no guarantee that he will have the numbers to govern the country".
Namah said the people of PNG had spoken through parliament and his government "is legitimate".
"We will not be distracted by remnants of the former regime who cannot accept the fact that there is a new government," he said.
Grand Chief returns
SIR Michael Somare will arrive in Port Moresby on Sunday from Singapore after a four-month absence from Papua New Guinea, his son and Angoram MP Arthur Somare said yesterday, The National reports.
The Grand Chief's travel was necessary following the recall of parliament on Sept 6, Somare said.
Sir Michael's absence from parliament on Tuesday would be his third since he was hospitalised in Singapore, automatically disqualifying him from office as the parliamentary member for East Sepik by operation of law.
This would also have a bearing on the constitutional reference before the Supreme Court challenging the legitimacy of the new government headed by Prime Minister Peter O'Neill.
Somare said: "Rather than run the risk (of being disqualified), we have appealed and he has agreed to make, if you like, the treacherous journey to PNG.
"The flight might be a bit risky but he will, most likely, be accompanied by an Air Niugini doctor.
"He has also been cleared by his physician in Singapore, Dr Chan, to travel."
Somare said all necessary medical clearance was in order and Sir Michael was fit and well to leave Singapore tomorrow, and arriving in Port Moresby on Sunday morning.
Somare emphasised that there would be no official welcome for the Grand Chief on his return.
Yesterday, Deputy Prime Minister Belden Namah called on the Somare family to stop forcing the Grand Chief to make the trip if he was still unwell, saying, if necessary, he would ask doctors to clear him to travel.
Standing orders dictated that a member's presence will be determined by his physical presence in the chamber in order to appear on the roll of the clerk of parliament.
Sir Michael would return to Singapore after he was registered as having attended this session.
Thursday, September 01, 2011
Wartoto’s bail challenge quashed
By SAMUEL RAITANO
THE Waigani District Court yesterday threw out an application by the prosecution to cancel Kokopo businessman Eremas Wartoto's bail, The National reports.
The application was thrown out because there was no evidence supporting the bid to revoke the police bail of K5,000.
The prosecutor in charge of the matter made two separate submissions in court.
The first was to have the hearing adjourned to Sept 30 and that was granted by the court.
However, the second application to revoke Wartoto's bail with conditions imposed on him was not entertained.
In the submission, the prosecutor said senior officers at the Boroko police station had allowed Wartoto bail while overlooking the informant's request to have the bail refused in order for Wartoto to apply for it in court.
The court was told there were other charges to follow those already laid against the defendant.
Wartoto has been charged with two counts of misappropriation allegedly committed in 2009.
It was indicated that several charges for alleged offences committed in 2010 and this year would follow.
The prosecution sought to have Wartoto's passport surrendered to court.
The court was asked that if it decided not to revoke bail, an additional bail be imposed on Wartoto.
Wartoto's lawyer, Alfred Manase of Manase and Company Lawyers, argued that there was no evidence to substantiate the assumptions by the prosecution.
Manase said his client had cooperated with police by attending interviews.
He said police had the power to grant bail to defendants charged with misappropriation.
Manase said Wartoto needed his passport to travel overseas to oversee business interests.
He said Wartoto had businesses in the country
and "such a man will not simply run and hide from justice".
"He is a local businessman and should be supported to continue business to help the country," Manase said.
He said interviews in relation to the issue in court were complete.
After hearing the arguments, magistrate Cosmas Bidar ruled the right to bail was a constitutional right and unless there was new evidence or a change of circumstances, Wartoto's bail of K5,000 would be extended.
"Because the defendant is a businessman and needs to travel, no orders will be made in respect to his passport," Bidar ruled.
Wartoto, from Raburua Village, in Gazelle district, East New Britain, is alleged to have dishonestly put to use monies belonging to the State on separate occasions in 2009.
It is alleged that between Jan 30 and June 3, 2009, Wartoto, being the director and principal signatory to the Sarakolok West Transport Ltd's account, dishonestly applied to his and others' use K6,791,408.20.
The money was drawn from the company's ANZ account number 12621572 in Kokopo.
And, on Oct 14, 2009, in Kokopo, the defendant is alleged to have put to his
and others' use K1,197,483.80 drawn from the same
company's Westpac bank account number 600017950.
The monies allegedly belonged to the State.
Manase told the court that Sarakolok West Transport was Wartoto's private company, had been contracted by Kerevat National High School and had been entitled to about
K8 million.
Wartoto's lawyer said the allegations of misappropriation that was raised from transactions made on these payments would be challenged in a proper court hearing.
The matter will be heard on Sept 30.
Huge turnout at court premises
THE Waigani Court House was heavily manned by police and security guards yesterday for the hearing of the East Sepik provincial government's special Supreme Court Reference, The National reports.
The main gates were locked, while police and court security guards allowed those with genuine reasons to enter the gates from at 1.30pm.
Groups holding anti-East Sepik banners were told to move away from the court gates.
Although they were told to leave the area, people, especially women, were seen sitting in groups opposite the court gates in front of the National Library.
"Wararu mas go bek lo ples blo em na givim sevis lo ol pipol blo em. Ol no votim em lo kam kot na westim taim (Wararu should go back home and deliver basic services to his people. They did not give him the mandate to waste time in court," Apo Mathew from Goroka said.
Activist Noel Anjo said there would be a peaceful sit-in protest soon to persuade the East Sepik government to withdraw the reference.
The main gates were locked, while police and court security guards allowed those with genuine reasons to enter the gates from at 1.30pm.
Groups holding anti-East Sepik banners were told to move away from the court gates.
Although they were told to leave the area, people, especially women, were seen sitting in groups opposite the court gates in front of the National Library.
"Wararu mas go bek lo ples blo em na givim sevis lo ol pipol blo em. Ol no votim em lo kam kot na westim taim (Wararu should go back home and deliver basic services to his people. They did not give him the mandate to waste time in court," Apo Mathew from Goroka said.
Activist Noel Anjo said there would be a peaceful sit-in protest soon to persuade the East Sepik government to withdraw the reference.
ESP court challenge a priority, say judges
THE East Sepik provincial executive council's Supreme Court Reference challenging the constitutional validity of the formation of the O'Neill led government will take precedence over all other court proceedings dealing with issues of similar nature in the National and Supreme courts, The National reports.
This was one of two immediate decisions handed down yesterday by the Supreme Court bench of five senior judges at the Waigani Supreme Court.
The decision was made following intensive discussions relating to another court matter afoot in the Supreme Court in the form of a summons.
That matter relates to similar issues in another Supreme Court proceeding raised by former acting judge Nemo Yalo and which is at the directional hearing stages.
It relates to the constitutionality of the appointment of Sir Arnold Amet as attorney-general in the previous government.
Yalo is questioning the constitutionality in the processes used in the appointment and subsequent swearing into office of Sir Arnold.
Justice Bernard Sakora asked the lawyers present at the ESP executive council reference for their thoughts on the issue.
He said he was of the opinion that the issues of pre-Aug 2, had to be dealt with before the current proceedings.
John Gawi, for the seventh intervener, the National Alliance Inc, said Sir Arnold was no longer the attorney-general neither was Sam Abal the acting prime minister.
Somare: I am still PM
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.
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.
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