Yasause refused bail

By JACOB POK and SAMUEL RAITANO

 

FORMER executive director of the office of climate change Dr Theo Yasause’s application for bail has been refused yesterday by the Waigani National Court, The National reports.

Yasause, charged with the murder of former rugby league star Aquila Emil, is in remand at Bomana prison.

Justice Ere Kariko refused the bail application on the basis that there was insufficient evidence on the grounds pleaded in the bail application by Yasause and his lawyers.

In Yasause’s application for bail, he claimed he was innocent and blamed the print media for painting a bad picture of him as the suspect in the killing.

He claimed the media publicity had forced him to surrender to police that resulted in him being arrested and remanded.

He also claimed that his first visit to the prison was a nightmare, as he was subject to intimidation, harassment and abuse by Correctional Services (CS) officers.

He claimed that he was at one stage stripped naked by three CS officers and was assaulted and booted on his private parts, adding that he was subject to continuous ill- treatment and was in fear for his life.

Yasause further submitted that the welfare of his family would be jeopardised since he was the sole provider as well as his consultant firm, which assisted landowners in the negotiation process of the LNG project, would collapse if he remained in prison.

However, Kariko found most of Yasause’s grounds in the application to be too general, since there was no medical report provided on the allegations of assault, there were no photo evidences on the assault which Yasause said he would show the court and he failed to specify which landowner groups he was assisting.

He said the constitution did allow bail for wilful murder for exceptional circumstances, but Yasause’s case was not such, adding that a family and business can suffer as a result of a crime.

Yasause, 43, from East Sepik’s West Yangoru is married with four children.

Kariko also said assault on any remandee by CS officers was a serious matter that could be pursued in court by the aggrieved.

He said no remandee was to be mistreated or assaulted regardless of their crime, given that they were already in the hands of the law when they enter prison, which is their punishment.

Kariko said remandees had the right to file proceedings against CS officers who assault them.

 

Gas owners fight over K115 million

By ISAAC NICHOLAS

 

LANDOWNERS from gas fields in the Hela region are still fighting for tens of millions of kina from the state, this time a hefty K115 million promised by ministers to them, The National reports.

Last December, the finance and planning headquarters in Port Moresby was closed and workers could not access buildings after landowners demanded K120 million in business development grants promised them.

The current tussle is over promises made by ministers to landowners at the umbrella benefits sharing agreement (UBSA) reached at Kokopo, East New Britain, and the licence-based benefits sharing agreements (LBBSA) which were reached at the project sites.

Treasury and Finance Minister Peter O’Neill gave directions for the payment of more than K115 million to various landowner companies to honour ministerial commitments for the LNG project last November.

However, to date, the K115, 494,772.17 had not been released, raising the ire of landowners who were promised the funds and, also, inviting a second lot of landowners who claimed that the first group were only “paper landowners” and were not legitimate.lFrom Page 1

The second group, who had missed the list, claimed that the K115.5 million ministerial commitments were promised to “paper landowners” living in Port Moresby.

O’Neill said in a statement late yesterday that the UBSA financial commitments were landowner entitlements for project infrastructure development in the PNG LNG project areas.

“In order to get the LNG project up and running smoothly, the Somare government felt the meaningful participation of landowners in this massive life-changing project is crucial.

“The government, therefore, made a number of important UBSA commitments during the landowner development forum in Kokopo in July 2009.”

O’Neill said in the supplementary budget handed down last November, K170 million was allocated to meet UBSA and LBBSA commitments.

“Because of a lot of disputes and infighting among landowner factions, no funds have been paid to anyone,” O’Neill said.

The treasury secretary has been tasked to pay the following groups:

*Kilo 760 Oil and Gas Pipeline Ltd (Kutubu) – K6.079 million;

*Tubo Enterprise Ltd trading as Tubo Lodge (Kutubu) – K6.5 million;

*Gusomu Society Ltd (Kutubu) – K20 million;

*Akita Investments Ltd (Moran – K5 million;

*Kiki Investments (Northwest Moran) – K9 million;

*Balana Resources Ltd (Moran) – K5 million;

*Kaipte Ikopi Parikewa Investment Ltd (Gobe-Gulf) – K10.56 million;

*Isawari Landowners Association (Kutubu) – K5 million;

*JPPK Hides Association Inc (Hides) – K434, 772.17;

*Wita Arua Holdings (Hides PDL1) – K6 million;

*Petroleum Exploration Joint Venture Ltd – K18 million;

*Hides Tuguba Ltd (Hides PRL12) -– K2 million;

*Para Health Centre Ltd (Hides PRL 12) – K2 million;

*Bosaru-Sisa Landowners Association (SE Mananda-Onabasulu) – K5 million;

*Bosavi-Sisa Landowners (SE Mamanda) – K5 million; and

* Juha Joint Venture Ltd (Juha) – K5 million.

However, Hiwa Corporation Ltd Holdings chairman Peter Purani and Tuguba Petroleum Development Licence (PDL 1) Ltd chairman Howard Lole said these groups did not own sites hosting LNG infrastructures and facilities.

They said their companies represented 15 clans that owned PDL1 sites hosting the main gas producing activities

Prime minister's tribunal to cost K1 million

By JULIA DAIA BORE

 

THE leadership tribunal, probing misconduct charges against Prime Minister Sir Michael Somare, will cost more than K1 million, The National reports.

The tribunal had been scheduled to begin on March 10, and would go on for about six weeks.

Government insiders said funding for the tribunal would come out from the judiciary’s K69.6 million recurrent budget.

The National could not verify the budget report with the office of the chief justice and other judiciary administrators.

Preparations for the tribunal were nearing completion.

Chief Justice Sir Salamo Injia announced the tribunal panel on Monday, comprising three pre-eminent retired judges from Australia, New Zealand and the United Kingdom.

The panel would be chaired by Australian Roger Gyles, who was a former judge with the federal court of Australia, the supreme court of Australian Capital Territory and the supreme court of New South Wales.

Members on the tribunal included a former judge of the federal high court of New Zealand who is now serving in Vanuatu and Samoa Sir Bruce Robertson and Sir Robin Auld, president of the court of appeal of Solomon Islands. Auld was the former lord justice of the court of appeal and high court of England and Wales and a former judge of the high court of justice of the Queen’s Bench division of England and Wales.

The prime minister had been cited for the alleged non-acquittal and late acquittals of annual returns between 1994 and 1997.

On Dec 16 last year, acting Public Prosecutor Jim Wala Tamate wrote to the chief justice requesting for a leadership tribunal to be appointed to look into these allegations. The prime minister was referred to the public prosecutor by the Ombudsman Commission in 2006.

In an interview on Monday, Tamate said: “I did what I had to do, without fear or favour, in the course of performing my duties as the acting public prosecutor.

“I performed my duties in making this referral (to the CJ) and, in doing so, as a service to the people of PNG.”

 

Tamate awaits official notice

By JULIA DAIA BORE

 

ACTING Public Prosecutor Jim Wala Tamate is still waiting for an official notice to be served on him over his reported removal from office, The National reports.

Tamate was allegedly sidelined by the Judicial and Legal Services Commission (JLSC) last week.

His removal had brought mixed reactions from throughout PNG because he was instrumental in referring Prime Minister Sir Michael Somare to a leadership tribunal over misconduct in office allegations.

Tamate told The National yesterday that he had not been officially informed of his sidelining by the authorities.

He became aware of the move though the media last weekend, and would await an official notification before stepping aside.

Acknowledging the commission for appointing him in an acting position for the last two years, Tamate said he was satisfied that he had successfully implemented a department white paper decision to make the office of the public prosecutor autonomous.

He said through this implementation process, the public prosecutor’s office had become a self-accounting unit separated from the Department of Justice and Attorney-General.

His biggest satisfaction, the last two years, was in ensuring the smooth running of the office in prosecuting many criminal cases that the office was charged with performing.

Tamate said the division tasked with matters relating to proceeds of crimes had also been very effective in the last two years, netting more than K10 million.

The money had been put back into the national government’s consolidated revenue.

“During my term, we have reached full autonomy. I have brought about integrity and improved work performance within the office of the public prosecutor, for which I am happy and thank God that the office is now geared towards delivering services to our people.

“I have no regrets for what I have done during my term here,” Tamate said.

Both Tamate and his reported replacement and one of two deputy public prosecutors, Camillus Sambua, had not been officially informed of the JLSC decision.

Sir Michael first prime minister in Papua New Guinea to face tribunal

THE appointment of a leadership tribunal to investigate a reigning prime minister, although provided for in law, has no precedent in Papua New Guinea, The National reports.

The referral process, which culminated yesterday in the appointment by Chief Justice Sir Salamo Injia of a tribunal comprising three retired pre-eminent judges from Australia, New Zealand and England, has itself been muddled, confusing and torturous for the majority of people.

It all began in 2006 when the chief ombudsman at the time, Ila Geno, informed Prime Minister Sir Michael Somare of his decision to refer him to the then public prosecutor Chronox Manek.

The OC’s grounds for referring the prime minister was alleged misconduct in office as a leader in that he had allegedly failed to lodge with the Ombudsman Commission his annual leadership returns for a number of years, between 1994 and 1997.

Submission of annual returns is a mandatory requirement under the leadership code to establish each member’s earnings.

The OC brought three counts of failure to lodge his annual leadership returns on time against the PM.

This initial OC’s moves were vigorously contested by the PM who began court proceedings, seeking to stop the referral on the grounds that the way in which the OC’s decision was reached to refer him was a contestable matter before the courts.

The matter sea-sawed between different judges.

Firstly, it came before Justice Derek Hartshorn in June 2008 when it was ruled in favour the OC, enabling the OC to exercise its constitutional and legal rights to prosecute the PM.

The OC referred the prime minister to the public prosecutor for immediate prosecution on June 26, 2008, and made public its intention the next day.

Then the PM, through his counsel Kerenga Kua, appealed to stay that decision and began another round of court battle; and that matter is still before the courts.

In the interim, the court got the public prosecutor’s undertaking, that when it chose to refer the substantive matter to the chief justice to appoint a tribunal, to give a three-day notice to the PM.

That undertaking, in a form of a letter dated Dec 8, 2010, was served on the PM in early December by acting Public Prosecutor Jim Wala Tamate.

Kua sought lto stop the public prosecutors from requesting the chief justice to set up a leadership tribunal.

However, the hearing did not eventuate and by 4.06pm that day, Tamate served the referral letter to the CJ seeking the appointment of a leadership tribunal to look into the allegations.

Sir Salamo announced the formation of a leadership tribunal yesterday

Panel to probe prime minister appointed

By JULIA DAIA BORE

A LEADERSHIP tribunal has been named to inquire into misconduct charges against Prime Minister Sir Michael Somare, The National reports.
The tribunal would begin its inquiries on March 10.
Sir Michael was not automatically suspended from office as was the case with other leaders, and was at liberty to remain in office until the matter was decided by the tribunal.
Chief Justice Sir Salamo Injia yesterday named a three-member tribunal comprising pre-eminent retired judges from Australia, New Zealand and England to inquire into allegations that Sir Michael had failed to submit his leadership annual returns to the Ombudsman Commission.
The tribunal was unprecedented in the history of PNG in that no prime minister had ever faced such a fate in the past. The process required Sir Salamo to seek the concurrence of the Judicial and Legal Services Commission, again unprecedented, to approve his going outside PNG to appoint judges to be members on the tribunal.
The prime minister’s office said the process was taking its course and that there was no comment from the prime minister, only that he would “continue to fully comply by the law”.
On March 10, the public prosecutor would formally present to the tribunal the PM’s alleged misconduct charges relating to his acquittal of annual returns.
The three overseas high court judges from three separate common law jurisdictions were tribunal chairman Roger Gyles, a former judge of the federal court of Australia (at the first instance and on appeal), the supreme court of Australian Capital Territory and the supreme court of New South Wales; and tribunal members Sir Bruce Robertson of New Zealand and Sir Robin Auld of England.
Robertson is a former judge of the Court of Appeal and High Court of New Zealand who currently presides as judge of the Court of Appeal of Vanuatu and Judge of the Court of Appeal of Samoa.
Sir Robin was the former lord justice of appeal of the court of appeal of England and Wales. He was also the former judge of the high court of justice, Queen’s bench division of England and Wales and current president of the court of appeal of the Solomon Islands.
Making the announcement, Sir Salamo said: “The membership of the tribunal wholly comprises former judges from other common law jurisdictions, namely Australia, New Zealand and the United Kingdom.
“The appointments were made in consultation with the chief justices of those countries. Their appointments are provided for in section 27(7)(d)(iii) and (8) of the Organic Law on Duties and Responsibilities of Leadership.
“The importance of the high office Sir Michael holds prompted me to appoint eminent former judges from the high courts of the three well-established common law jurisdictions.”
The PM was yesterday informed of the appointment of the tribunal.
On whether or not the prime minister would be suspended following the set-up of the tribunal, Sir Salamo was emphatic that he would not.
He said, to avoid doubt, “the question of suspension pending investigation into the question of misconduct in office of the prime minister is to be determined by the tribunal”.
That may well be the first matter of business when the tribunal convenes at court room 1 at 9.30am on March 10 at the Supreme Court building in Waigani.
The request to appoint a leadership tribunal was made by acting Public Prosecutor Jim Wala Tamate on Dec 16 last year following allegations that Sir Michael had failed to lodge with the Ombudsman Commission his annual leadership returns between 1994 and 1997.

Yasause says he was assaulted in prison

By JACOB POK

FORMER executive director of the office of climate change Dr Theo Yasause has claimed that he was assaulted, harassed and abused by Correctional Service (CS) officers while in remand at Bomana prison outside Port Moresby, The National reports.
Yasause’s lawyers raised this as one of the grounds in an application for bail before Justice Ere Kariko at the Waigani National Court last Friday. 
Yasause was charged with the wilful murder of former rugby league star Aquila Emil and was remanded at the Bomana prison when the district court, which he first appeared in, allowed him only to make a bail application at the National Court pending further prosecutions.
Yasause, through his lawyers, claimed that he was at one stage stripped naked and assaulted by CS officers when first taken to Bomana prison, adding that he was subject to continuous ill-treatment and was in fear for his life.
Yasause’s lawyer also submitted that the applicant had no knowledge of the allegations against him and blamed the print media for painting a bad picture of him as being the alleged suspect in the death of Emil.
He also claimed in his submission that he had to surrender to police because of statements published in the print media that police would hunt him down if he failed too surrender.
It was also submitted that Yasause held a doctorate in political science and held number of senior positions in government departments prior to his arrest.
He was recently involved as a leading consultant in assisting landowners in the negotiation process of the multi-billion kina LNG operations at the time of his arrest.
Yasause’s lawyer further submitted that Yasause was married and had four children who attend school and he was the only provider of the family, adding that bail must be granted as the welfare of the family would be in jeopardy if he remained in prison.
However, state lawyers opposed the bail application on the basis that the suspect had used a firearm and did not co-operate with police during investigations into Emil’s death.
The state submitted that police found bookings of air tickets under the name of the applicant after the shooting.
The state also submitted that the handgun and the suspect’s car were not surrendered.
In rebutting some grounds in the bail application, state lawyers submitted there was no medical report provided by the appellant on his allegations of being assaulted by CS officials.
State lawyers also said that the applicant did not specify or name the landowner groups he claimed to assist as a consultant, adding that the LNG projects would still proceed without the appellant’s providing the said assistance.
The court’s ruling on Yasause’s bail application would be given today.