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Court to review Justice Sakoras case dismissal
Source: PNG Loop
The Waigani National Court will be reviewing the decision of the Committal Court on 7 June, 2016, which dismissed the case of alleged judicial corruption against Justice Sir Bernard Sakora.
SEE ALSO: Post Courier Wrong: Sakora not acquitted
Justice Leka Nablu today granted leave to an application that was moved by Director of the National Fraud and Anti-Corruption Directorate, Matthew Damaru, on May 18, asking the court to review that decision of Magistrate John Kaumi.
Magistrate Kaumi dismissed the case and the information that was laid against Sir Bernard.
The Committal Courts view was that it does not have jurisdiction to prosecute or commence a criminal proceeding against Sir Bernard, who occupies a judicial office because certain laws were not complied with.
Earlier this year in May, in the National Court of Justice in Papua New Guinea, Deputy Chief Justice Gibbs Salika handed down his decision in a case between The State and Janet Oba. Janet Oba as mentioned in Part 1 is Peter Waiengs sister. Around 11 years ago, in 2005 Janet Oba was a Police Prosecutor. She was an Inspector of Police when she ended up being prosecuted by the Public Prosecutor (Ms R Koralyo: Lawyer for the State) under the Criminal Code for the following alleged offences: Forgery, Uttering & Misappropriation of property involving more than 1.2 million Kina.
Janet Oba was represented as a Prisoner by Nidue & Associate Lawyers (Mr C Nidue: Lawyer for the Prisoner).
Deputy Chief Justice Gibbs Salika, in his decision dated 2 May 2016 against the accused Janet Oba, commenced the proceedings by saying: The accused was charged with one count of forgery, one count of uttering and one count of misappropriation. The charges were brought under S462 (1), S463 (1) and (2) and S383A (1) and (2) of the Criminal Code respectively.
Janet Oba is an inspector of police and is the quarter master of NCD based at the Gordons police Barracks. She was a sole shareholder and a sole director of a company called J & J Constructions Limited and the sole signatory of that companys account held at the Bank South Pacific Ltd Account No. 1001553407.
It was alleged that J & J Constructions Ltd was awarded a contract to construct a jetty at Wutung in West Sepik Province. The contract was for K6.5 million and the State did pay the K6.5 million to the company to construct the jetty. The jetty was never constructed.
During the course of investigation it was discovered that K1, 286,000.00 remained in J & J Construction account from the K6.5 million originally awarded. The account was frozen through an action taken by the Proceeds of Crimes Unit in the Public Prosecutors Office. The accused was restrained from accessing the account of the company and from withdrawing money from that account.
On 19 July 2010, a consent order to forfeit the K1, 286,000.00 to the State was agreed to by the parties and endorsed by the court. While the funds were forfeited to the State they still remained in the J & J Construction Account No. 1001553407 for over 2 years. The State should have taken out the consent orders to that effect and served it on the bank. The State failed its part in respect of that.
The State alleged that on or about 6 August 2012 Janet Oba and a Peter Waieng (now deceased) went to the Bank South Pacific Head Office in Port Moresby and served on the bank a forged court order dated 16 March 2012 which specifically ordered Bank South Pacific to release the money forthwith to J & J Constructions account.
Sometime later the restriction on the account was l...
Peter Waieng was elected to the Sixth Parliament in 1997 and took office on 16 July 1997 at the age of 31, and not 28 as also recently misreported by PNG Blogs. Radio Australia reported in an article which appears to have been originally published on the 10th of March 2001 [Updated 23 March 2012, 17:15 AEDT]:
Another member of the Papua New Guinea Parliament has been referred for possible prosecution for alleged breaches of the countrys Leadership Code.
The member for Kundiawa, Peter Waieng, is the latest to be referred to the Public Prosecutor, following an investigation by the Papua New Guinea Ombudsman Commission. Its alleged Mr Waieng received and used almost 100-thousand dollars of public money from the controversial National Gaming Board between 1998 and 2000. There have been persistent allegations that Gaming Board funds have been misappropriated, and several MPs have already been referred for prosecution.
Several months later, on Wednesday the 3rd of October 2001, The National newspaper reported: Waieng referred to Public Prosecutor.
Quite likely, it seemed, Peter Waieng resigned as the Kundiawa Gembolg Open Member of Parliament after the Public Prosecutor recommended to the Chief Justice that a Leadership Tribunal be convened to prosecute him under the Leadership Code. It also seemed as per the The National newspaper headline that Peter Waieng had been referred to the Public Prosecutor by the Ombudsman Commission possibly at the beginning of October 2001, after being notified by the Ombudsman Commission possibly just prior to the 10th of March 2001, and then apparently he resigned the next year from Parliament on the 10th of May 2002 (as per Speaker Hon. Theo Zurenuocs speech recorded in the Draft Hansard see Part 1).
In fact, according to information sourced from Ombudsman Commission records, following an investigation by the Ombudsman Commission acting on information initially received in January 2000, a right to be heard notice was served by the Ombudsman Commission on Peter Waieng on the 9th of March 2001. The date of request for appointment of a Leadership Tribunal was 29 January 2002. The date of appointment of the Leadership Tribunal was 19 April 2002, and the date of his referral to a Leadership Tribunal was 8 May 2002 the date when the Leadership Tribunal convened.
The date of Peter Waiengs referral to the Public Prosecutor Chronox Manek, according to a report (see page 50) by the Ombudsman Commission, was 19 April 2001. However, the same Ombudsman Commission report (see page 51) also contains a contradictory date which clashes with the date of 19 April 2001. The Ombudsman Commission report also states: On 1 October 2001 the matter was referred to the Public Prosecutor.
The dates Peter Waieng was referred can be found in publication Chapter...
Continued from Part 1 ~
In an apparently wrongly dated, and badly misspelt, article titled Peter Waiengs Murder Suspect Arrested published by EMTV Online (found here: http://www.emtv.com.pg/news/2016/06/peter-waieng-s-murder-suspect-arrested/), the then NCD police Metropolitan Superintendent Andy Bawa in a press conference possibly held on Sunday the 22nd of September 2013 reportedly announced that a 26 year old suspect from Roku village has been arrested and refused bail at the Boroko Police station in connection with the murder of late Peter Waieng outside Port Moresby.
Excerpts from EMTV: Waieng was stabbed with a knife last month (August) after an argument broke out between him and a female companion on Roku beach, just outside Port Moresby. Assistant Commissioner for Police and Commander for NCD and Central, Jim Andrews told EMTV News last month that the suspect who was with the couple, hit Waieng over the head with a stone when Waiang assaulted the female. The suspect then stabbed him in the stomach with a knife. Waieng was said to have died on the scene.
On Tuesday the 27th of Augus...
Peter Waieng was a Leader described in 2013 by one supporter as a handsome fitman hero- whose brutal death seemingly sent shockwaves rippling and reverberating through Simbu Province in the Highlands of Papua New Guinea leading to an outpouring of grief and anger resulting in alleged mass destruction and an alleged massive riot occurring in Kundiawa town on Friday the 23rd of August 2013. Kundiawa town was under siege this morning. Highway closed from Wandi to Mingende, a commentator on social media said.
He was shot dead in Pom last nightpeople in Kundiawa are going on a riotktaun is closedand highway is also closed between Kundiawa and Mingende, someone else alleged on social media, that Friday morning, at 9.06am.
Late Peter Waiengs Narku people mad with grief and anger over the news of their Leaders murder allegedly had gone on the rampage causing bikpela destruction and chaos in Kundiawa the capital of Chimbu (Simbu) Province.
An eyewitness in Port Moresby posted on social media almost three years ago, before 4am on Fr...
Pictured: The Governor of Morobe Province, Hon. Kelly Naru
delivering his excellent, powerful and historic speech to
Parliament and the People of Papua New Guinea on Friday the 22nd of
PAPUA NEW GUINEA NATIONAL PARLIAMENT
MOTION FOR VOTE OF NO CONFIDENCE
AGAINST THE PRIME MINISTER
HON. PETER ONEILL
22ND JULY, 2016
SPEECH BY HON. KASIGA KELLY NARU, MP
GOVERNOR FOR MOROBE
Thank you for giving me the opportunity to debate this motion. Before I proceed to my speech I want to quote from the Bible a statement which I believe is very instructive to all of us in the situation now we are faced with. It is from the Book of Job. Job 36: 15 In our suffering God teaches us in our distress God opens our eyes.
[This excellent, powerful and historic Parliamentary speech by Governor Kelly Naru has been reproduced (by being transcribed in part) after being cross-checked against the PNG Tonight video recording of the 22nd of July 2016 Pa...
On the 24th of October 2013 more than a month after the 122.2 million cancelled shares in Ok Tedi Mining Limited were transferred, allegedly unlawfully, on the 19th of September 2013 without the knowledge and approval of the Independent State of Papua New Guinea from Insinger Trust (Singapore) Limited to TMF Trustees Singapore Limited Papua New Guineas Prime Minister Peter ONeill wrote to PNGSDP Chairman & former Prime Minister Sir Mekere Morauta regarding the termination of all Board Members of PNGSDP.
Prime Minister Peter ONeill formally advised Sir Mekere Morauta that on 23 of October 2013, the National Executive Council approved the removal of all the Directors of PNGSDP and has now appointed the following Transitional team:
Chief Secretary (Sir Manasupe Zurenuoc Kt OBE);
Secretary for Treasury (Dairi Vele); and
Provincial Administrator for Western Province (Dr Modowa Gumoi).
At the time, Dr Modowa Gumoi with impressive educational credentials & past advisory experience to the National Government having obtained his Doctorate from Lincoln University in New Zealand, a Diploma from Harvard University in America, a Masters Degree from the University of New England in Australia, and an Honours Degree from UPNG in PNG was already a Director (Ex-Officio) of OTML, having been appointed to the position on the 23rd of September 2013 less than a week after the Mining (Ok Tedi Tenth Supplemental Agreement) Act 2013 was passed by parliament.
Current Treasury Secretary, Dairi Vele, who graduated from Australian National University (ANU) with a degree in Economics, was appointed a Director (Ex-Officio) of OTML the following year on the 29th of October 2014.
On the 24th of October 2013, Prime Minister Peter ONeill also wrote to the Managing Director of PNGSDP, David Sode, formally advising him that in accordance with Section 6 of the Act (of the Mining (Ok Tedi Tenth Supplemental Agreement) Act 2013) the National Executive Council, on 23 October 2013, terminated his appointment as Managing Director of the PNGSDP.
Section 6. OPERATION OF PNGSDP under the MINING (OK TEDI TENTH SUPPLEMENTAL AGREEMENT) ACT 2013 stipulates:
Notwithstanding anything to the contrary in any Act, the State has all necessary powers to restructure PNGSDP and its operations to ensure that PNGSDP applies its funds for the exclusive benefit of the people of Western Province.
The then Chief Secretary to Government Sir Manasupe Zurenuouc wrote two letters to David Sode also dated 24th October 2013. In the first letter Sir Manasupe advised David Sode:
It has come to the knowledge of Government that PNGSDP has given notice to and is retrenching up to 54 staff. The Government is strongly of the view that this is unnecessary. PNGSDP must...
So who are all the players or key people behind the formation and operation of PNG Sustainable Development Program (PNGSDP), and were they all made aware of what transpired in Singapore on the 19th of September 2013 when the massive share transfer of 122.2 million cancelled shares took place?? How many of them approved of the massive share transfer?
In Singapore, Stacy Choong described in PNGSDPs Memorandum of Agreement (MoA) as Advocate & Solicitor Singapore witnessed the signatures of LOO LIAN EE (Advocate & solicitor) and JOHN KARL MOLINE (Senior International Lawyer) in PNGSDPs MoA. Both Loo Lian Lee and John Karl Moline provided Singaporean addresses and signed the MoA on the 19th day of October 2001 as being desirous of being formed into a Company In pursuance of this Memorandum of Association.
In Papua New Guinea, the registration of the first PNGSDP entity PNG SUSTAINABLE DEVELOPMENT PROGRAM LIMITED (3-44724) [Overseas] with the Investment Promotion Authority (IPA) on the 21st of December 2001 shows nine current Directors of PNGDSP who were Directors of PNGSDP at the time the massive share transfer of 122.2 million shares took place on the 19th of September 2013.
They are listed as follows:
Six Papua New Guineans: Modowa Trevor Gumoi, Leonad Wilson Fufus Kamit, Donald Wabirao Manoa, Mekere Morauta, Rex Lam Paki & David Sode. Two Australians: Philip James Bainbridge & Patricia Joy Caswell, and one Singaporean: Lim How Teck.
Eight Former Directors of PNGSDP are listed as follows:
Two Papua New Guineans: Lawrence Acanufa & Sir Ebia Olewale. Four Australians: James Joseph Carlton, David Crichton (alternate For William Broughton Smith) Frecker, Ross Gregory Garnaut & William Broughton Smith. One American: John Karl Moline & one Israeli: Jacob Weiss.
All eight former Directors of the PNGSDP were replaced long before the massive share transfer of 122.2 million shares took place on the 19th of September 2013.
The second entity PNG SUSTAINABLE DEVELOPMENT PROGRAM LIMITED (90965), which was registered with the Investment Promotion Authority in PNG as a Foreign Enterprise on the 2nd of April 2003, was allocated the first registered entities company number (3-44724) as the company name registered with IPA, and shows shareholding comprised of two Bundles. These bundles are listed as follows:
Bundle 1 Number of shares 50 Percentage 50.00 Shareholder 1 Name Donald Wabirao (for The Indep.state Of Papua New Guinea) MANOA.
Bundle 2 Number of shares 50 Percentage 50.00 Shareholder 1 Name James Joseph (for Trust For Bhp-billiton) CARLTON.
According to Investment Promotion Authority (IPA) records:
Donald Manoa (Nationality Papua New Guinea) and James Joseph C...
TodayI witnessed Awala Primary School Children dance with joy for their newly connected EQTV system courtesy of the Oro Provincial Government.
We merely went to see if the school had put their system in and were pleasantly surprised to see their cultural dancing and expressions of joy at their EQTV and TVWAN system that was funded by their PSIP.
Awala Primary have a sound hard working board and teachers and parents who care and provide a healthy learning environment.
I wish to mention here also the contribution of JICA who developed the EQTV System and roll out for PNG. Truly genuine partners JICA. They do their bit with very little fanfare.
Its moments like this that make the difficult times struggling to get things done for the province and people so worth it..thanks Awala Primary School.
PARLIAMENT MUST BE RECALLED!
From the assessment of situations in these 3 institutions where Oro students are currently studying, a special PEC will be convened Tuesday 26th June 2015 in Popondetta to determine what necessary and urgent steps must be taken to secure the welfare and security of our children studying there and the options for their future education and employment.
Besides repatriation, the PEC will consider engagement of students when and where possible should the academic year be cancelled and whilst they await the situation to return to normalcy.
Meanwhile my office is in touch with UOG, UOT and UPNG and we are moving to secure their safety and welfare.
The Oro Administration has been instructed to fast-track all necessary processes and work double time to expedite however we still face some delays, these are caused by some public servants who simply do not care and are inept and ineffective. We are identifying them and will be dealing with these type of obstinate and inconsiderate public servants.
I ask for calm from all students and parents and for further information please email John Duhube on firstname.lastname@example.org. Further updates will be posted in due time.
Our hopes for the future are to develop our University the UNRE into a premium university so our students can study their courses their in safety and comfort.
Meanwhile I am calling on the Government to recall parliament. They can no longer ignore what is happening. We must debate and discuss these issues of urgency that threaten our national security. This is not politics here just common sense.
Today, we are seeing the unprecedented escalation of violence, the eruption of ethnic wars and the destruction burning and looting of public property throughout the main provinces of PNG. Something is terribly wrong. What is the solution?
Parliament MUST be recalled.
I caught up briefly with Kumul legend Arnold Krewanty, a true leader. I always enjoy discussions with Arnold and hearing about how League is progressing.
He is always well spoken, always professional and always working.
A lot of great work is being done by Kumul legends like Arnold Krewanty and many others who are promoting league and opening career doors for many of our potential league players overseas and here.
Arnolds enthusiasm, hardwork ethic and dedication is truly inspiring and reflects the true spirit of selfless dedication that is the hallmark of true leadershipyou dont need to be elected to be a leaderArnold is living proof..
Registration forms and party constitution ready for interested Papua New Guineans.
LAND and PEOPLEour true resourcestoday, we are in grave danger of losing our landif this happens we are lost as a peopleour dreams of today will be our childrens nightmare tomorrow
Today PNG is in the grip of transnational criminals that control much of the political landscapethey have compromised our mechanisms designed to protect us and have rendered them useless to us and have converted them for their use to facilitate their plunder of our economy
Today while we struggle to save a toea and are anxious about our childrens tomorrow..they funnel their illgotten tax free proceeds of crime profit to overseas banks
These compromised Government entities no longer are capable of giving us quality servicesthey are no longer able to protect and promote our intereststhey cannot protect our jobs and business opportunities
What type of future are we leaving out children if they have no decent jobs and no opportunities?
What hope do they have of we allow that hope to be crushed by transnational criminals and their elected puppets who betray our beloved Papua New Guinea?
Yes indeed, what will be our childrens tomorrow?
Will they be in charge of their own economy and determine their own future or will they be subservient slaves struggling to generate profits for the transnational criminals that have taken over our economy with the help of those who have been elected to protect PNG but are instead selling it out?
Only you can decide that. Only you can determine their future.
Here is the opportunity to fight for our jobs..our opportunitiesour economy and our futureto fight for PNGour PNGa PNG we should leave firmly in control of the hands of our children
Join us today and help #TakeBackPNG
They are called FREE TRADE AGREEMENTSbecause we give them free access to our resources and our economythis means resourcesjobsbusinesseswhat is not included in these agreements are the substantial difficulties and obstacles for reciprocationin other words..no access to their markets and their economieswell except to pick fruit..
The changes recommended by the Special Parliamentary Committee on Public Services Reform to the Government in order to modernize the public service machinery and make it a more accountable effective system promoting good governance and transparency stagnate and collect dust in Cabinetmeanwhile..Members have two choices..try to do things the right way and be delayed at nearly every process needing public service effort or break the law and be forced to circumvent most of the procurement laws simply to get anything done and thus be often seen running around like project managers delivering projects and diverted from their true functions as legislators.
The outdated and defunct public service system simply does not function effectively. I am sure we all agree.
Even the most capable public servants are unable to get much done. They often leave frustrated for greener pastures or are cast aside by public serpents who have found loopholes in the system that allows them to crawl in and occupy key positions and work for themselves at the expense of the people. These sinister public serpents enter through nepotism or fraud and push out genuine hardworking public servants.
The system is designed it seems to fail in delivery and promote bureaucratic red tape that sees substantial public funds misapplied, misused and diverted elsewhere. Good efforts are NOT rewarded and bad officers are NOT punished.
This situation creates a chaotic environment where very little is actually achieved by elected leaders or the administration.
It is why I proposed the reforms and had the Special Committee created and nominated Bire Kimisopa to be the Chair. I am the Deputy. I could not be the Chair because the laws on parliamentary committees do not allow for a Governor to be Chair of a Committee. Regardless, under Hon. Kimisopa, the Committee consisting of Hon. JOE LELANG, HON. GOVERNOR Sasindran Muthuvel, HON. MERA KIPEFA, HON. PHILLIP UNDIYALU has done a fabulous job and produced substantial recommendations from extensive research and review of public service machineries in Australia New Zealand Samoa and Fiji.
The reforms will improve professional commitment, ensure recruitment, promotions and appointments are transparent and based on merit. It will pay wages and benefits fitting for the position and ensure that discipline and rewards can be delivered in a timely manner, in a nutshell it will corporatize the public service.
Now the PM and most of the NEC are in agreement reforms are needed. Yet there are some Government MPs in parliament who do not want these reforms.
It seems they like the inefficiency and ineffectiveness.
One wonders why.
Sadly this lack of political will, this apathy and inconsideration is a major impediment to any tru...
To dateCriminal Fugitive Djoko Tjandras suspect citizenship remains uninvestigatedjustice in PNG is selective..there are those who have the means to deter, defer or delay its delivery.with just a little help.from their friends
Gary Juffa June 19, 2014
IS A COVER UP LOOMING?
Can the new Attorney General Ano PALA guarantee that his association with long time friend and INDONESIAN fugitive Djoko Tjandra will NOT adversely influence his tabling of the recently completed report into the matter of Djoko Tjandra completed by former AG Kerenga Kua? According to reliable sources the report recommends that TJANDRAs PNG passport be cancelled, his citizenship be revoked and he be extradited to INDONESIA.
Will this happen now under new AG ANO PALA?
We shall see
PNG plunges headfirst into a financial crisisits people face an uncertain and anxious futurecosts rise and basic services are threatened
Papua New Guineans blame one another and their Government who in turn blames international commodity price slumpsthe tension has resulted in bloody demonstrations and bitter and violent hostility amongst Papua New Guineans..
Meanwhile a cartel of transnational criminals are still bleeding the nation dry..operating virtually at whim and will
Unmolested and undetected, these sinister and clever entities have escaped the imagination of ordinary Papua New Guineans by manipulating a system ineffective in protecting the peoples monies evading taxesusing clever transfer pricing mechanisms and keeping proceeds of payments offshoreproceeds of inflated Government contracts cleverly secured through international loans, proceeds of timber and fish, proceeds of products highly inflated -two to even three times the actual true book value and some of these highly priced assets are even second hand discardsthe cartel is a well oiled giant money milking machine..
An Israeli firm, a Pakistani businessman, a Malaysian logging giant..a Chino Filipino fishing giantare some of the examplesand they all continue unfazed..while a nation reels and tottersits people dying in unrecorded numbers in rural PNG from lack of basic services
Why should they care..? Their families and that of their puppet facilitators are feeding well..their bank accounts are healthytheir options vast
Yes, these entities are still making money hand over fist unabated.
genuine companies who pay their taxes and follow the law hoping for a level playing field suffer and consider the prospect of scaling down costs..laying off staff..even selling off assets andshutting shop..
Many small PNG businesses have folded. Many homes have had to be sold by the banks..
But the transnational criminal cartel moves on relentless..their members employing a ruthless two pronged assaultmilking a developing nation of much needed limited funds via inflated contracts and simultaneously denying said nation its right to revenues via tax evasion and transfer pricing
And all these efforts are facilitated by members of a Government that does not seem to care for its peopleendorsement mechanisms to protect the interests of the people are neuteredthey now aid political leaders package and facilitate PNG to the cartel and its agents
Yet the blame is not primarily the cartels as much as it is that of those who are facilitatorsthe nations very own elected guardianshave abandoned their dutiesand the gatesare wide open.
The Government.. is no longer a Government of the people for the people...
In his affidavit, dated 27th October 2013, filed in the High Court of the Republic of Singapore, the then and current Chairman of PNG Sustainable Development Program (PNGSDP), Sir Mekere Morauta, described the Plaintiff PNGSDP as a not-for-profit company limited by guarantee incorporated and domiciled in Singapore, and is registered and operating in Papua New Guinea as an overseas company.
PNG Sustainable Development Program (PNGSDP), originally incorporated in Singapore on the 20th of October 2001, was initially registered in Papua New Guinea as an overseas company on the 21st of December 2001 under the Companies Act 1997 and later registered as a Foreign Enterprise in Papua New Guinea on the 2nd of April 2003.
On the 20th of November 2001, around one month after PNGSDP was incorporated in Singapore and around two months before PNG Sustainable Development Program (PNGSDP) was registered in PNG on the 21st of December 2001 an attorney called Gary T Evans signed a Share Transfer Form in the presence of D C Frecker effectively transferring 122.2 million Ok Tedi Mining Limited (OTML) shares (which were purportedly originally bequeathed by BHP Billiton to PNGSDP) from PNGSDP to Insinger Trust (Singapore) Limited.
D C Frecker (full name: David Crichton Frecker) an Australian was appointed a Director of PNGSDP on the 7th of February 2002 and ceased being a Director of PNGSDP on the 22nd of February 2002. He was named as an alternate for another Australian, William Broughton Smith, who was appointed a Director of PNGSDP on the 21st of December 2001 but ceased being a Director of PNGSDP on the 20th of May 2002.
Basically PNGSDP was BHPs escape clause enacted when the Morauta Government passed the Ok Tedi Mine Continuation Ninth Supplemental Agreement Act 2001 (Ninth Supplemental Agreement Act) in December 2001. PNGSDP was set up specifically to enable BHP to withdraw from Ok Tedi Mining Limited (the mine) without incurring or facing any risk of liability of potentially having to pay possibly hundreds of billions in dollars in compensation to Ok Tedi landowners or to the people of pollution affected parts of Western Province in Papua New Guinea.
One estimate of the potential cost of compensation payable to Ok Tedi landowners over a 50 year period for environmental damage amounts to more than 350 Billion Dollars.
In an article published on the 9th of April 2002 by the International Committee of the Fourth International (ICFI), writer Will Marshall reported:
Facing the possibility of legal liabilities amounting to billions of dollars due to environmental damage, BHP-Billiton secured a deal from the PNG government that indemnifies the company against all future compensation claims.
The PNG parliament passed legislation last December to rubberstamp an agr...
This is seriously the greatest injustice of the 21st century, a source claimed last year when commenting on the massive share transfer of 122.2 million Ok Tedi Mining Limited (OTML) shares which purportedly took place at 11.27am on the morning of the 19th of September 2013 in Singapore on the same date that the MINING (OK TEDI TENTH SUPPLEMENTAL AGREEMENT) ACT 2013 was certified in Port Moresby after it was passed the previous day on the 18th of September 2013 by an absolute majority in accordance with the Papua New Guinea Constitution by the National Parliament of Papua New Guinea.
The massive share transfer was effected allegedly unlawfully the day after the Independent State of Papua New Guinea had already decreed that (a) all ordinary shares held by PNGSDP in the share capital of OTML shall be cancelled and cease to exist; and (b) 122,200,000 new, fully paid ordinary shares in the share capital of OTML free of any encumbrance, charge or equitable interest shall be issued to the State.
In particular by virtue of laws contained in the Mining (Ok Tedi Tenth Supplemental Agreement) Act 2013, passed on the 18th of September 2013 by the National Parliament of Papua New Guinea in accordance with the Constitution, the Independent State of Papua New Guinea has all necessary powers to restructure PNGSDP and its operations to ensure that PNGSDP applies its funds for the exclusive benefit of the people of Western Province. BHP Billiton Ltds immunity from prosecution was also removed, and the charge (mortgage) held over the 122.2 million shares was voided.
HOWEVER, the very day after the Mining (Ok Tedi Tenth Supplemental Agreement) Act 2013 was passed and on the very day the Act was certified, an attorney by the name of Carolyn Mary Parkes at 11.27am on the morning of 19th of September 2013 purportedly effected the transfer of 122.2 million shares previously held by mining giant BHP Billiton Ltd in Ok Tedi Mining Limited by purportedly transferring 122.2 million shares from Insinger Trust (Singapore) Limited to TMF Trustees Singapore Limited in front of a witness called Lim Xue Nuo in Singapore.
[See copy of the share transfer attached]
I write to you with malice or prejudice, the member for Sumkar Open, Ken Fairweather, said in his memo (RE: AN OPEN MEMO RE: PNGSDP) addressed to Papua New Guineas Prime Minister Peter ONeill and former Prime Minister Sir Mekere Morauta.
Presumably the member for Sumkar Open meant without malice or prejudice.
In his memo dated 20th April 2016, published in PNGs oldest daily newspaper the Post Courier, the Sumkar Open member also said:
Gentlemen if you come together in the interest of PNG and not frozen in on [a] ego boxing match. You can help the economic [sic] and forex can be assisted by simply moving US$$1 billion (sic) to the set up for, central bank then on the (sic) lend their funds to other banks.
Surely, this is easily done by lawyers to protect all parties to protect funds, 10 minutes work. This way you will both be seen as real statesmen as you will have shown harmony in the countries time of economic need.
In response to the Sumkar Open members memo, Sir Mekere Morauta, a Director and the Chairman of PNG Sustainable Fund Limited (PNGSDP), replied through an article headlined Morauta: K2 billion PNGSDF correct published by the Post Courier on the 4th of May 2016, in which the Post Courier reported:
THE solution to the issue highlighted by Sumkar MP Ken Fairweather on the K2 billion funds parked in Singapore is straight forward, says former Prime Minister Sir Mekere Morauta.
Sir Mekere said in a statement yesterday that what Mr Fairweather highlighted in the newspaper advertisement about the PNG Sustainable Development Funds was straightforward.
Sir Mekere said PNG Sustainable Development Program Ltd is, as always, ready to resolve the issues between the company and the State.
The Post Courier quoted Sir Mekere Morauta in the article as saying:
PNGSDP did not start the fight. PNGSDP cannot on its own stop it. It will take a genuine effort on the part of the State.
Further on this issue, according to the Post Courier:
He said that the solution was straightforward:
The Prime Minister withdraws from the Singapore litigation;
The Prime Minister and BHP Billiton Ltd jointly agree to
the definition of Mine Closure in PNGSDPs Program Rules to trigger the flow and expenditure of the Long Term Fund by PNGSDP; and
The Prime Minister ceases his attacks on and interference in PNGSDP, with the State signing a legal agreement to that effect.
Sir Mekere said that when these three steps are met, PNGSDP will be able to transfer some money to PNG and recommence its sustainable development program.
Whether or not...
HOOD Lagoon community in Rigo, Central Province, have welcomed the construction of a new K5 million jetty project. Work on the project began late last month. Hood Lagoon comprising of three villages of Keapara, Alukuni and Karawa were thankful of their local member and Minister for Justice and Attorney-General Ano Pala, for the initiative. They
Stability vs Justice Stability is the excuse the weak will use because they fear for themselves more then they care for others enough to demand Justice. No Ghandi didnt say that nor did Martin Luther King, I did because it is relevant here and today. You may sleep well and claim that all is fine
Media Statement by Rt Hon Sir Mekere Morauta Port Moresby 29 October 2015 Papua New Guinea needs to take urgent action to save itself from a looming economic and financial storm, former Prime Minister Sir Mekere Morauta said today. Sir Mekere, an economist and former head of Treasury, the Bank of Papua New Guinea and
Many have succumbed their fate to a future of subservience and miserythey have accepted their future as designed by an uncaring and selfish Government hellbent on selling PNG to sinister foreign interests and their puppets.ask yourself Why has the Government failed to prepare for this El Nino a disaster that is costing lives every day?
The previous post generated a lot of comments at the original site at which it was posted. One of them touched on a key factor of politics in PNG. Money.
That response comment to Vergil Narokobis post has been re-posted verbatim below for the benefit of the non-FB readership.
succinctly put; although one must clearly guard against mischievous, opportunistic or politicised actions against the government of the day from within the police or any other institution, clearly the rules need to be universal, whatever ones position. So it it critical that mechanisms are not abused to circumvent due process. But this does bring one back to the question of how governments are formed in PNG and how majorities are gained and retained. Unfortunately, with little or no ideological basis for parties (as in Australia and most places) PNG has ended up with government by dint of personality, but increasingly the use of money. Would an inspiring leader like Nelson Mandela have been able to become PM in PNG if he was to remain honest and not participate in pork barrel or money politics, or would he have just been sidelined by the man with access to logging money? And lets face it this case is partly about thatthe assumption is that public funds were laundered through a law firms accounts to be able to be used by a party for gaining office for funding campaigns and winning over other parties and independentsand if that was the assumption, what were the other parties and leaders doing? similar sorts of things, using SABLs and other land allocations, logging permits, DSIP funds, RESE funds, fish or petroleum licenses, exclusive rice concessions, citizenship awards, construction or commercial contracts, trust funds etc So if this scenario has some truth, the question is, how does one halt it, and halt it across the board, so that no party or group is left with a special advantage, with exclusive access to public or other improperly-gained funds, leaving the others high and dry? how does one rid elections and post election formation of government of the current money element (from vote buy, to rigging electoral lists, to buying parties and members etc)? Many politicians would prefer that, but feel dragged into the current corrupt practices as the only way to play the gamethese are some of the challenges, and it requires active involvement by the parties themselves, think tanks etc but also the wider public to help find the solutions, as clearly the voters are widely accepting and even demanding electoral bribes (in cash or kind)
By Paul Barker
I cannot remember the last time I was here. It was certainly a long while back as I see the shelves here have been collecting dust. There were a few factors that led to this rather lengthy hiatus, but lets not get into that now.
I am here simply to re-post verbatim a commentary that I came across on Facebook for the benefit of the portion of readership out there who may not subscribe to this social media.
In any case, I feel that this man has pretty much summed up and articulated what most likely must be running through peoples mind as they try to make sense of the latest developments in Papua New Guineas rather vibrant national political stage.
Its time for Papua New Guineans to call an ace an ace and a spade a spade!
The call for the resignation by the Prime Minister is a political question, not so much a legal question. The Prime Minister, like any body who goes through the criminal justice system is innocent until proven guilty. Here are some matters the Prime Minister should consider when making that decision.
Kua was Somares lawyer in the misconduct allegations against Somare. They went through the judicial process to challenge the OC. They failed. But they fronted up at the Leadership Tribunal, went through the process, found guilty by the Tribunal, paid the fine and life goes on. Skate resigned as Prime Minister paving the way for Sir Mekere to come in an atmosphere of serious allegations leveled against him. Julius Chan resigned when public opinion against him was overwhelming in the Sandline Affair. We hold public office as custodians for the people. If they are wrong in their convictions, they stand to suffer. That is the nature of our democracy. We have nothing to lose. Its their office.
There are important national matters that the Prime Minister must attend to. There are roads to be built, hospitals to maintain, doctors to be trained, borders to be protected, investors to meet and the list goes on. If one is busy fighting a criminal matter, looking over ones shoulder when the next counter move will be made, attending a Commission of Inquiry, sacking disobedient ministers and servants of the state, how can one give their 100% level best to serve the interest of the country? Ones time and attention is divided. One cannot serve two masters. To be or not to be, that is the question.
Whilst one serve office, they enjoy the confidence of the people. If that confidence is no longer apparent in ones leadership, and we are a democracy, it is an irreconcilable position to be in and one must do the honourable thing and resign...
|SIP materials being presented to the staff and officials of the Office of the PNG Vision 2030|
|PM & NEC Security official wearing a uniform with the PNG Vision 2050 logo on|
|SIP Training for New Guinea Islands SIP Officials in Kavieng 2013|
|Daniel Yekari- BOG Chairman of Passam National High School|
|Yonki is part of the Arona Valley Systemn|
|Rosie Aize Johnson (L) and Rosemary Koimo|
|Prime Ministers: Peter O'Neill and Kevin Rudd|
|Kombiam LLG Adviser, Tim Taesa|
|David Putulan for Rapatona LLG Presidency|
|Mt Hagen Urban LLG has assets and revenue base to sustain itself|
|Wesley Raminai- Owner Publisher of Sunday Chronicle and Midweek Chronicle|
There does not seem to be much change in the movement of the dial on the scale. It quivers undecided between 88kg and 89kg. Perhaps it does not want to disappoint me. But who am I trying to fool here? It has only been two days. I did not say I was on some miracle fad diet.
In any case, a digital scale would have given a more definitive reading. But I realized that this yearning for an absolute figure is not just some random desire that was borne the minute I stepped onto the scale. It is something inbuilt. Whether we realise it or not, it is that longing that ignites the urge for the absolute truth to give us that peace of mind. It is that age old desire to know.
The only truth right now is that THIS very moment is the truth, as you get bored silly reading this far, and are perhaps pondering upon the possibility that the person writing this may have gone slightly cuckoos after all. (Speaking of which, I still reckon Jack Nicholson in One Flew over the Cuckoos Nest was absolutely brilliant).
The only absolute truth is in the time between what has been and what will be; it is this moment the NOW. Our memories have been either tarnished or glossed over by prejudice while our visions of grandeur play surrogate to the truth of tomorrow. Absolute truth resides in this moment. That is why the Psalmist said Today if you will hear His voice, harden not your hearts (Psalms 95:7-8).
This reaffirms THE truth behind this truth. That the only ABSOLUTE TRUTH is Jesus (John 14:6).
Lets return to the matter on hand.
So before my daily weigh in, I had to pick up a half dozen apple from the nearby supermarket during my lunch break (I feel a post coming up soon on the state of affairs of the apples from Stop N Shop). On my way back I happened to be sharing the footpath with this fellow who was peddling some burgundy and red synthetic leather bags, so naturally I fell into conversation with him. It was then that I found out more about his wares that he actually sews these bags.
They looked quite a classy lot, them bags. Of course not Louis Vuitton classy, but str...
I am into my second day and the scale reads 88kg. I dont know if that is the truth or if it is only me with a bit of wishful thinking.
No matter, after leaving office at around 1726 hours, I happened by an old friend of mine. Hes a caricature artist by the name of Charles. (I think folks over at Sunday Chronicles hire him to do cartoons and stuff). So Charles tags along with me on this one.
Not long after I meet this sharp little kid of 4 by the name of Jaybes. He and his mom Maria were on their way into (that rather detestable) Vision City. I had a quick chat with them and took their photos but, sad to say, I forgot to get them to sign my release form so I will not be putting up their faces here.
Further down the road, just before reaching Waigani* I bump into Elijah Memedu.
Well in fact Memedu was about to overtake me when I introduced myself and told him about what I was up to and if he was interested and he seemed fairly keen. By then even Charles lit up to the game and fell into beat with some support remarks on the side.
At 16 years of age, Elijah is a trainee electrician doing his apprenticeship with...
Weighing in at 89 kg, the first day of my 30 Day Challenge kicked off to a rocky start but I never expected it to be a walk in the park either. It was a walk nevertheless; and it will be so for the next 30 days.
The first person I bumped into was this office worker type in Westpac bank colours. Opening with a courteous Abinun, bro, I observed on the traffic congestion in the manner of small talk. But I may have introduced myself too soon because I could see that he was all suss about me from the way he eyed me.
You could tell he was thinking, Who is this mausgrass psycho and what manner of scam is he peddling? He had a polite wall up, which he successfully marshalled with a brisk pace for much of the way so I let him be.
But then I caught up with Kure Yosi.
Kure seemed a friendly chap from the word go, all the way to the North Waigani traffic lights where we parted company.
He was walking with a very slight limp that I later found out to be a sprained ankle.
At 33 years of age he works as a Youth Officer at the National Capital District Commission. Hailing from Lufa in the Eastern Highla...
Thats it, Im done talking politics.
Well most of the time Im either quoting someone or blogging a gripe. And I hate to see myself as a person who sees the glass half empty all the time. Although the system and the gremlins that work the system are largely responsible for fueling my words.
But that is not the point of this post. Folks over at Stella Mag recently brought to my attention this super cool idea of doing something out of the ordinary for 30 consecutive days. (By the way, that is one cool magazine you should get your hands on or better yet, subscribe to).
So here I was on Independence Day, trying on for size ideas for endeavours that anyone who knows me would not normally find me doing. And no, I am not going to go to work dressed as Zorro for the next 30 days (although I know of some who would in a heartbeat if they could).
However, I was toying with the idea of bungee jumping every afternoon. Unfortunately I had to forgo that idea for the simple fact that my afternoon schedule could not fit in a trip to the white cliffs of Vararaita National Park and back; and I have not even factored in the time it would take to strap on the gear. Yeah, sound check and all.
On a similar note, I sadly had to cross off a daily round of BASE jumping and croc-wrestling as well. During this brainstorming session, my patriotic zeal got lost somewhere in the mix, and I noticed my shoe lace was undone so I reached down to tie it. It was then, as I bumped into my gut, that I knew I had to do something about my expanding midsection.
Here was something practical I could embark on without unnecessarily creating a hole in my pocket, not to mention drastically reducing my lifespan. So I have resolved to do something about my weight with the help of the trusty old bathroom scale.
My modus operandi is quite elementary really. It is good old fashioned walking coupled with a simple garden diet. So instead of hopping on a vehicle, I plan to walk home every day after work. Plus I am going vegan for a month to boot!
Weighing the pros and cons, the only negative aspect of walking is that I might suffer a little discomfort from the sweat and the strain of my backpack. But I can stand my own sweat than to have my olfactory receptors assaulted by the collective body odour and goodness knows what else 35 people and an bus offsider who has not touched a bar of soap in more than a month can cook up in a crammed bus on an equally crammed road.
Or shall I factor in the PMV experience of having ones ears mercilessly assailed by a badly strung c...
Gary Juffa has come out with a statement to clear the air on the supposed 3rd Camp as posted earlier.
In any case, I wouldnt mind seeing Juffa as my Papua New Guineas next Prime Minister. He has what it takes to save this country from certain doom.
On a side note, those two lead figure who orchestrated the whole political crisis not too long ago, making Papua New Guinea the laughing stock of the world by blessing us with the #WhatElseCanPngHaveTwoOf tag, have now kissed and made up in Alotau, Milne Bay Province. But that is all old news, right?
Anyway, forget them. Heres what Mr Juffa had to say.
There is so much rumor and rhetoric in the media and here that I believe I would like to substantiate and spell out some facts about my part and role in what is happening in Eastern Highlands.
Firstly, I am NOT part of the Eastern Block. I am here to support my Regional Candidate Sam Sii. I am here with Governor elect for Morobe, Hon. Kelly Naru who is a friend by the way and we embrace certain values and principals much of which the members here do as well.
We are also collectively concerned about certain national issues such as the granting of citizenship to
- Djoko Tjandra
- and in my specific case the Naima Rice Monopoly Project
- and the Seabed Mining Project and
- such other issues which we here have spoken about and are concerned about.
I am NOT forming a group as an alternative government and I am not lobbying for the PMs job I am just speaking to like minded elected leaders and discussing how best to approach our common concerns and how best we can represent our people in our electorates, our province and our country.
I am NOT with John Kerenga GUL and with due respect to him and his group, have my own stance that I will take into parliament and again, I do not intend to deviate form what I believe in and have spoken against here or anywhere.Gary Juffa ~ Oro Province Governor-elect*
With August 1 announced as the official date of the Return of Writs by the Chief Electoral Commissioner, Andrew Trawen (who I think should be given the sack anyway), power play heats up for government formation as we see all of them old dogs, Somare included, team up with ONeil as a formidable force and the most likely camp to be invited by the Governor General to form the next government.
On the other hand, Belden Namah, brash as ever, stands undeterred he will be the next PM. Comments on the ground and on social media as well as from the news reflect the general concession that in PNG politics, anything goes. It goes without saying that a tactician such as Namah still has a few tricks up his sleeves.
But that is not the reason for this post. Papua New Guinea has had it with the two lots of groupings or blocs as theyd rather be known; and with all the shades they come in (shady indeed!).
The gist of this post, however, is the confirmation of a rumoured third camp as mentioned in todays Post Courier (30/7/2012) on page 6. The third camp is reported to be in Goroka in the Eastern Highlands Province. It is being led by two fresh faces in PNG politics. Oro Governor elect, Gary Juffa, and lawyer/philanthropist, now Morobe Regional MP Kelly Naru.
Here now is a chance for all newly elected members to put their money where their mouth is and start over on a clean slate. To stand up for better change and to lead this country forward with a fresh faced government devoid of the miasma of corruption and all the trappings of PNG politics.
In my personal opinion, it would be the sensible thing to do and the best decision for this nation, if we could have all the Independent MPs and other smaller political parties to consider siding with this camp. I chance upon this opportunity to call out to the likes of Loujaiya Toni, member elect for Lae, to consider this as well.
Without further ado, here is a statement by the newly elected Governor for Oro Province, commenting on the establishment of the third camp Camp Juffa.
Let me say that we in Goroka are discussing how best we can serve the people of PNG, to represent them and not abandon them and their dreams and hopes, to fight for them and to ask the pertinent and controversial questions that the people of PNG are anxious for answers tosuch issues that I personally am concerned about are need answers such as the granting of citizenship to a international criminal fugitive (PALA), the plans to monopolize rice commercialization for a Chinese Indonesian Company only (TEMU), to demand that actual and thorough investigations be conducted into the controversial issues that have cost the nation and indeed the people substantial amounts of money, the r...
This letter serves as a readers feedback on a full page advertorial which appeared on page 56 of The National on Monday, 18 June 2012, by Mr Lawyer David Gonol.
With all due respect to Mr Gonol, I must say that write up alone has left me questioning his viability as a potential Governor of Western Highlands Province; or as he so arrogantly puts it, the Governor in waiting.
Given his profession and the office that he is running for, I expected an article that was intellectually scrupulous as well as grammatically refined. For a policy statement if it can be titled as such at all it failed on both these fronts and instead, left me cringing right from the opening line all the way to the part where The plant and animal kingdoms [sic] of Tambul/Nebilyer, Mul/Baiyer, Dei Council and Hagen Central decided to join the party.
If Mr Gonol is reading this, then I suggest he fire his publicist for doing him the disservice of dressing him in a court jesters garb with this sad case of a media release. After that he can go ahead and fire himself for even sanctioning such a write up to see the light of day in the first place.
This has certainly raised the bar of corny drivel to the next level and has debased our collective intelligence, allowing them to further condescend to us.
Grow up already, PNG.
The following comment was picked up from Facebook, and sad to say but Im not surprised at all.
EMTV once again takes the honours for being a DUD for a TV station.
EMTV ELECTION FOCUS*
EMTV(John Eggins) interview of PO (Peter ONeil) last-night was a big let down. I expected tough questions from Eggins but instead got such a soft kiss-a$& interview. The background video conveniently skipped the NPF chapter of POs life, and Eggins never asked about the controversial laws made by the ONape Parliament, nor his method of gaining power.
Looks like we can expect same treatment of all other Interviews in the Election Focus series.
Oh how I long for gutsy journalism.
yeah and give me QUALITY!
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