PNG Supreme Court confirms Manning as Police Commissioner

BY CHARLES MOI and MIRIAM ZARRIGA

(The National)

POLICE Commissioner David Manning has re-committed himself to leading the constabulary after the Supreme Court confirmed his appointment and dismissed an earlier court ruling that it was “unlawful”.

David Manning Source: PNG Covid-19 website

“I continue to be committed to lead the (constabulary) and its members in transitioning it into a force that we can all be proud of. It will be a challenging journey but not an impossible one,” he said.
The Supreme Court panel of Justice Derek Hartshorn, Justice Collin Makail and Justice Ere Kariko agreed to dismiss the National Court ruling on Jan 22, 2021 that declared Manning’s appointment unlawful.

Manning and the Government filed an appeal in the Supreme Court against the Jan 22 decision in which Justice David Cannings ruled in favour of two former senior police officers who had argued that Manning was not qualified to hold the position.
The court was told that on Dec 10, 2019, Manning was appointed commissioner and secretary of the Police Department by the Governor-General on the advice of the National Executive Council.
Ousted senior police officers Sylvester Kalaut and Fred Yakasa who were short-listed for the police commissioner’s position then challenged Manning’s appointment in the National Court.
Justice Cannings ruled that Manning was not qualified for the position of secretary for the Police Department as he did not hold a tertiary qualification.
But he pointed out that it was impractical and undesirable to declare that only the appointment as secretary was affected by an error of law, and not Manning’s appointment as police commissioner.
Manning and the Government argued that Justice Cannings erred in law or mixed fact and law.
Justice Hartshorn ruled that Justice Cannings did not give good or sufficient reasons for the declaration that the appointment of Manning was unlawful.
“I am of the view that the primary judge fell into error,” Justice Hartshorn said.
Justice Makail said: “The notion that there exists a head or secretary of the department of police has no constitutional and statutory foundation in law.
“It would follow that the minimum tertiary qualification of a degree from a recognised university which the trial judge relied on to disqualify Manning was unnecessary and irrelevant. This is where the trial judge erred.”
Justice Kariko agreed with the reasoning and conclusions of his fellow judges.
The Supreme Court also ordered Kalaut and Yakasa to pay the court costs of the appellants.
Manning yesterday urged officers to “set the police force on the path of rebuilding the trust and confidence of our people in us”.
“Through our professional hard working members we have much to do and can achieve so much more,” he said.
Police Minister William Onglo told The National that the justice system should be commended for upholding the law.

Major General Gilbert Toropo to be High Commissioner to New Zealand

 

Swift changes before the Papua New Guinea National General Elections in 2022, the PNG Cabinet has revoked the appointment of Major General Gilbert Toropo as head of the PNG Defence Force.

He has however been appointed as the new High Commissioner to New Zealand replacing former commander Francis Agwi.

Defence Minister Hon Solan Mirisim issued a statement today about the changes saying the Defence Council made recommendations to the National Executive Council.

PNG Cabinet has revoked the appointment of PNG Defence Commander, Major-General Gilbert Toropo and replaced him with Colonel Mark Goina.

Toropo's term of appointment would expire in June 2022 which would be in the period of the National General Elections and he would have already reached the retirement age of 60 by April 2022.

In considering these factors Mirisim said : "Upon carefully consideration of the expiration of the Contract of Employment of the CDF in the middle of the 2022 National General Election, the Defence Council made necessary orders to retire the Commander." 

“Finally, the Defence Council has recommended to NEC to approve and promote Colonel Mark Goina as Brigadier General of the PNG Defence Force and promote Colonel Goina as Major General and Commander of the PNG Defence Force for a period of four years effective on and from the date of the gazettal appointment."

People's Progress Party vows to continue building Papua New Guinea

BY HENZY YAKHAM

One of Papua New Guinea’s pioneer political parties has renewed its commitment to help the country recover from the current economic downturn for the good and wellbeing of its majority citizens.

The interim President of People’s Progress Party (PPP), Sumasy Singin said after 46 years of political independence, PNG needs to seriously consider making legislative reforms where necessary to accommodate the people’s wishes and development aspirations.

Mr Singin said: “We were there in the beginning, we are here today and we will continue on in taking the challenges for tomorrow.”

In doing so, he paid tribute and acknowledged PNG’s leaders that have “gone before us” and those surviving to work together with the leaders of tomorrow.

Mr Singin was making presentation Tuesday (Dec 14,2021) in the PNG Political Parties’ seminar at the Institute of National Affairs in Port Moresby, National Capital District.

He told the seminar that PNG needed changes and there was an urgent need for to develop on further from what have been built and have achieved so far.

“It is our challenge to deliver balanced policy for PNG’s future prosperity and well-being, policies that will be delivering for the good of each and every man, woman, girl and boy in the country.

“Given the opportunity, we will lead our country in a decisive, clear and effective way. PPP will get the job done. This is country and the challenge is for every citizen to make a real difference for the good of all,” Mr Singin told the seminar.

As well, he noted that the PPP policies were very much reliant on our forefathers who drafted PNG’s Constitution setting out the National Goals and Directive Principles - In doing so the Eight Point Plan was adopted for the country’s guidance.

In 1973, the Eight Point Plan was formulated with the main objective to:

• Increase indigenous participation in the economy;

• Equality among various ethnic groups, gender and between areas;

• Greater attention to rural and village development; and

• Self- Reliant.

Mr Singin also highlighted that the PPP will endeavour to contribute meaningfully with policy guidelines including:

Autonomy - Give more powers to provinces to manage their own affairs like raising tax revenue and spending on essential services in their provinces;

Social Sector - Free education up to Grade 12. Free health services in the first three years and reduced in the following years;

Resources Sector - Revolutionary reforms in the resource laws to give more ownership and provide increase equity in shareholding to land/resources owners;

Corruption - Resource well State law enforcement agencies to enforce law. Put in place Unexplained Wealth Gain Act.

Money for people - Put money into people’s pockets micro finance, savings and loans societies etc.

This is where the SME sector and the Department of Agriculture play a prominent role.

COVID 19 - Anti body test to also be considered as a measure to combat the pandemic.

Covid 19 now defined as a disease and therefore should be transferred to the Health Department with necessary resources.

Cop 26 - A clear definition and policy guidelines be drafted for different strand of benefits under the United Nations Convention on Sustainable Development.

New Ireland passes a conservative budget that is less than last year's

 

The New Ireland Government passed its K178,545,622 budget for 2022 on Wednesday 15^th December. The conservative budget is a decrease from this year’s K238,768, 279 budget.

 

Chairperson assisting the Governor on Finance Misbil Nelson said the budget is being presented at a difficult time with big decrease in total revenue estimates at 25 percent which is K60.2 million.

 

“This drop in our Revenue Budget will affect our Expenditure Budget by K60.2 million but the NIP Government does not let difficult times stop its commitment to making life better for the People of New Ireland,” said Misbil Nelson.

 

From the K178,545,622, the social sector will receive K36.48 million, Economic Sector K3.20 million, Infrastructure K86.92 million, Administration K5.76 million, Finance and planning K580,000 and other development expenditure K550,000.

 

“That is a total of K133,493,788 or Seventy Five percent being spent in Development while Twenty Five percent or K45,051,834 will be expended on Recurrent Costs. That means in our budget we are spending 75% of our budget on Development, and 25% on Recurrent Costs.”

 

In the last four years a total of K176,223,000 has been expended on Development and Infrastructure Services alone, of which K95,784,325 or 54% have been spent in Namatanai District and K72,504,255 or 45% in Kavieng District.

 

“This reflects our Government’s commitment to our people in both districts and is very much in compliance with the spirit and the terms of the Lihir MoA.”

 

Of the K178.5 million, K98.7 million is supposed to come from the National Government. That is 55% of the total.

“ These are funds the National Government, by law, should provide to New Ireland.  But we know the National Government is unreliable, and we are therefore preparing for any shortfalls that may occur in what the National Government has promised us.”

 

Furthermore Nelson said, “The National Government through the 2022 PIP Budget have allocated K43 million but we have no trust in this budget as we have not received one toea from the K21 million allocated to New Ireland Province in 2021 Budget. That is why we have directed almost all of our Internal Revenue into Development Expenditure. Even if the National Government fails again to provide all the funding it has promised, our People will get the Infrastructure, Economic Development, and Social Programs that we have promised”

 

This is the 14^th consecutive year that the New Ireland Government continues to be the first province to submit its budget to the office of the Treasurer.

 

“New Ireland continues to show the way for the entire country. We continue implementation of programs from our own resources.  As we are in this together, we must learn to respect one another, understand one another and live in a harmony so that we all can make it happen.    Together we can to reap the fruits of the Tree of Development,” said Misbil Nelson.

  

NIPG Media Unit

 

 

Fr Jan Czuba's lawyer files no case submission against his official corruption charges

 BY TREVOR WAHUNE 

Fr.Jan Czuba's lawyer has filed a no case submission, asking the Waigani National Court  to dismiss criminal proceedings against his client on grounds that the state failed to provide sufficient evidence to prosecute his client. 

Edward Sasingian from Sasingian Lawyers, moved his application this morning, before acting Judge Laura Kuvi.

He argued the state failed to provide the  agreement to the court, in which Fr. Jan had allegedly entered into facilitating payments to a PSG Accademia, the company responsible for building the department of higher educations selection system since 2017.

The charges he applied to be dismissed were in relation to allegations of abuse of office, against Fr. Jan. 

Mr. Sasingian also raised arguments that according to Department of Higher Education Research Science and Technology (DHERST) deputy finance officer Ruth Phillip's statement, there were 11 agreements outlined for the facilitation of the payments made to PSG Accademia, and another company Alpha Net Solutions.

The state prosecutors presented three of the agreements to the court  that Fr Jan had signed off for payments exceeding K1.3million which exceeded his threshold amount for approval. 

Sasingian further told the court that deputy finance secretary Steven Nukuitu, who was a witness called for the state, also gave evidence that all payments were made to the two companies for services rendered, after all processes of the payments were cleared by Finance, Treasury, and Department of Higher education, with the Central Bank. 

"There is nothing to make a case out of. 

"There was high level meetings, conducted by the accused, his deputies, and officers from these other entities, before  having the matter referred to the fraud office office, to be cleared. 

"All these processes, where exhausted before the payments were made transparently," Mr. Sasingian said. 

Lawyer Samantha Mosoro, from the public prosecutors office submitted in response that although the state agreed to drop two from four charges in relation to the cost of maintaining the online selection system was reminded by Justice Kuvi, that one of the states own witnesses had given evidence that the system was now saving the state K6million. 

"This is a very bizzare case where, where all of the states witnesses are giving evidence to clear the accused, and that most of the states evidences were instead tendered by the defence.

"The defence has not even made out their case and it already seems, there's nothing relevant to move this case forward," Justice Kuvi said. 

Meanwhile, Mr. Sasingian also moved an application for public prosecutors Trish Aihi, and Samantha Mosoro, to be referred to the Lawyers Statutory Committee for unprofessional conduct in misleading the court. 

Justice Kuvi adjourned the matter to next Thursday for a ruling on both applications. 

There is no restraining order against Garden Hills eviction

The eviction at Garden Hills settlement in Port Moresby will proceed unhindered as the owners of the land, the Assemblies of God (AOG) Church have obtained a court order to do this.

There was also more than 30 days notice issued for squatters to vacate the land.

Police have issued a statement that unless a restraining order is obtained from the court, the eviction would proceed.

Prime Minister James Marape yesterday released a statement asking the land lease holder to halt eviction and collaborate with NCDC and the Department of Lands and Physical Planning to find land to settle those affected.

The public has disapproved the stance taken by Marape and praised police for being firm and independent in executing their duties.

Garden Hills settlement demolished Source: Facebook

Police say they have maintained static presence at Garden Hill overnight, to ensure safety of those removing their property and the residential area are not disrupted by anyone.

As of last night until this morning Fox 200 units, Mobile Squad one and Dog Unit were at the location.

The general situation at the area has been reported quiet.

Those evicted continue to remove their properties.

Police will remain in the area to ensure there is normalcy despite the eviction.

Notorious Garden Hills settlement in Port Moresby demolished and settlers displaced

A thirty-day eviction notice to vacate the prime land at Port Moresby's central Waigani-Garden Hills was not complied with and squatters on this land got the shock on early Monday morning as heavy machinery moved in and pulled down infrastructure.

Post Courier reports the demolition and eviction is approved by the court following a court order obtained recently.

Police enforced the court order to ensure the owners of the land, the Assemblies of God (AOG) Church successfully evict the settlers.

The "disgusting" scenario as stated by one Steven Kilage and quoted on FM 100 news site is calling for an intervention from NCD Governor Powes Parkop and respective Moresby Northeast and Northwest MPs John Kaupa and Lohia Boe Samuel.

Kilage said the settlers should not be treated like this but many from the public spoke on social media that it was time the settlement should be removed.

Post Courier reported police have identified the place as a crime hotspot.

Eviction at Garden Hills Source: Post Courier Online

Thousands of men, women and children were affected by the eviction right at the heart of Port Moresby.

Though there was  resistance by settlers to stop the demolition on Monday, it did not succeed as senior police officers who were able to convince dissenting leaders that ample time had been given for them to resettle elsewhere.

Pleas from residents of Garden Hills Estate who live west from the settlement repeatedly calling for the removal of the settlement because of crimes often committed on residents by settlement youths have fallen on deaf years.

Six weeks ago a property worth about K 3 million for a woman from Enga was burnt to ashes by youths from the settlement after an 8 hour fight one Saturday evening.

There were many serious of crimes reported earlier on as well. One notable one was an attack by youths on one Dr Steven Bogosia.

Despite the settlement being labelled as a crime hotspot, it abodes many middle class employees from various companies and state institutions.

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Anton Billie to lead investigations into firing of high powered rifle by MP

Commissioner of Police David Manning has directed an investigation into the social media posting of National Planning Minister Rainbo Paita who was featured in a video firing a high powered semi-automatic rifle.

As the matter involves a national member of parliament and state minister the Commissioner has directed Deputy Police Commissioner Operations Anton Billie to lead this investigation.

He said Billie will be ably assisted by a senior detective from the NCD command and a senior officer from the Police Internal Affairs Directorate.

The Commissioner’s decision to investigate was a matter of course to ascertain the facts surrounding the incident before recommending further action.

Mr Billie and his team are expected to report their findings to the Commissioner with recommendations by Friday December 17.

Meanwhile Manning has commended Mr Paita for stepping aside from his ministerial duties to allow the investigation to proceed smoothly.

Paita has issued a statement to the Prime Minister that he was stepping aside as Minister pending investigations into the video that went viral on social media.

An act that has received overwhelming commendation from the PNG public, most describing it as rare.

Fr Jan Czuba goes to trial on allegations of official corruption as witnesses are cross examined

BY TREVOUR WAHUNE

A national court judge has questioned the department of higher education research science and technology (DHERST) manager for the national online selection system Daniel Kereka, what his  understanding was about the online selection system.

Acting judge Laura Kuvi's questions last Friday were in relation to a criminal case, filed against sidelined DHERST secretary Fr. Jan Czuba.

Czuba is facing allegations of abuse of office and official corruption in court.

Fr Jan Czuba AHC Facebook

Kereka, who was the sixth witness called, only gave his opinions about the advantages and the disadvantages of the national online selection system,  providing little substance on records and evidences of corruption or abuse of office, in the case against Fr. Jan. 

Lawyer Edward Sasingian, when cross examining Kereka said the online selection system was moved forward by former DHERST deputy secretary operations Steven Matainaho, who had an IT background and all paper work for the project had been audited for. 

This was after lawyer Trish Aihi, from the office of the public prosecutor asked Kereka, to outline the advantages and the disadvantages of the online selection system, and what its operational costs were to the government. 

Justice Kuvi, upon hearing Kereka's statement said what he was saying was not backed with any proper records, and had not established anything relevant. 

Meanwhile the investigating officer in the case Timothy Gitua, who is an officer attached with the national fraud office was also called to give evidence last week.

 His arrest and charging of Fr. Jan were also questioned by the court, because Gitua used documents that had been cleared by finance and treasury, and that no specific document was identified as being relevant to the arrest of Fr. Jan, concerning his engagement of a Polish Company, PSG accademia, to develop the National online selection system. 

Meanwhile, the last two witnesses to appear tomorrow this week to give evidence will be  the state solicitor and an officer from the Investment Promotion Authority (IPA) who will verify IPA documents, concerning payments made to PSG Accademia.

What transpired from the judiciary meeting regarding a rugby league match fight

BY DR JAMES NAIPAO

Chairman POMRFL

The mayhem was unexpected.

All clubs knew the no crowd attendance stance taken during the regular season up to the Preliminary Finals guided by Standard Operating Procedure Policy created by Port Moresby Rugby Football League POMRFL and an endorsed document approved by the National Pandemic Controller's and National Control Centre. A similar one which use by all sporting bodies.

What happened was very sad indeed and also a bitter taste in the mayhem which unfortunately happened.

The Judiciary sat today (13/12/21) and made the following decisions in the context of the standard competition rules and guidelines, and guided by the constitution.

Decisions made are as follows;

1. Two brothers players - banned for 15 years.

2. Three Souths players - banned for 15 years.

3. One Souths player banned for 10 years.

4. One Souths official - banned for life.

5. Two clubs banned for 5 years and fined K5, 000.00 each.

6. 75% of the players and officials on the team sheets are banned for 5 years.

This means the players, officials and teams penalised in the two days (11 - 12/12/21) will not participate in any rugby league competition run by PNGRFL and any participation overseas.

7. After 5 years, the two clubs must pay a surety fee of K50, 000.00 each to re-enter the Port Moresby Rugby Football League Competition.

POMRFL Board endorsed this independent Judiciary Committee decision with deterance.

Appeal is going to be within the 24 hours of the decision, and the appeal will be dealt with by Papua Rugby Football League Inc.

This decision will be forwarded to PNGRFL.