Corruption case against Peter O'Neill hits another obstacle
16 March 2016
ERIC TLOZEK | Australian Broadcasting Corporation
PAPUA New Guinea's government has prevented anti-corruption police from engaging a private law firm and an Australian barrister to argue their case to arrest prime minister Peter O’Neill.
The director of the National Fraud and Anti-Corruption Directorate, Matthew Damaru, and his deputy Timothy Gitua have been seeking to arrest Peter O'Neill on corruption charges since June 2014.
But Mr O'Neill obtained a court order preventing their warrant from being executed.
The Supreme Court recently ordered Mr Damaru and Mr Gitua to seek approval from the Attorney-General to continue using private law firm Jema Lawyers and Australian barrister Greg Egan in their fight against that order.
PNG Attorney-General Ano Pala has now advised the pair he cannot make the decision because they are prosecuting him in a separate proceeding for attempting to pervert the course of justice and abuse of office.
Mr Pala referred the decision to the Secretary of the Department of Justice and Attorney-General, Lawrence Kalinoe, who wrote to Mr Damaru and Mr Gitua last Thursday to refuse their request to "brief out" the case to private lawyers.
"You and your deputy are members of the Police Force and the Police Commissioner has oversight of your duties," Mr Pala said.
"If it is in the interest of the Police Force that you are to be involved in this proceeding, then the request for brief out should have come from the Police Commissioner, as the head of the organisation."
The current Police Commissioner, Gari Baki, was appointed after the officers obtained a warrant for the Prime Minister's arrest.
Mr Baki does not support their legal fight, previously attempting to sack Mr Gitua and accusing fraud squad officers of "insubordination".
Dr Kalinoe said PNG's public solicitor will now represent Mr Damaru and Mr Gitua.
Mr Damaru would only say the matter was now going back to the Supreme Court.
"I have to inform the court of the receipt of the letter and the decision and ask the court to consider it," he said.
Queensland barrister Mr Egan, who is representing the anti-corruption body Taskforce Sweep in a range of cases against senior PNG Government figures, said the public solicitor should not be handling the officers' appeal.
"In this case, Jema Lawyers and myself have acted on behalf of the policemen in all cases before the court," he said.
"They have offered to continue to act on a brief out basis without charge.
"In these circumstances it is absurd for the Secretary for the Department of Justice and Attorney-General to suggest any new brief out should be put in the hands of the public solicitor - a proposal that will result in further delays on the question of whether the court orders preventing the arrest of the Prime Minister should stay in place or be overturned."
This is not the first time the PNG Government has sought to stop Mr Egan from representing the policemen.
In 2015, Mr Egan and colleague Terry Lambert were denied entry to PNG for allegedly not having the correct visas to practice law in the country.
That decision was overturned in a judicial review and the lawyers were eventually able to re-enter the country to appear in court.
Bro Michael Dom, you made me smile, it turned out a grin and eventually I had to laugh!! Love your comments...those bloody las papuas! They say they are connected to our Dobu Kalabai and Noru people of Karimui, cant be....I am sure that's not true! Pala and Vele, mama blo ol from Ialibu so there go, that is the connection!
Posted by: mathias kin | 16 March 2016 at 12:32 PM
The Royal Papua New Guinea Constabulary should be disbanded.
Can Missus Queen do that? Or at least remove the Royal label - it's a royal embarrassment.
Our PNG legal fraternity is pretty low on the scale of humanity too/ let alone morality (what exactly is lawyers-ethics anyway? an oxymoron?), I can't think of much valuable service they've provided to PNG, apart from Jema Lawyers. Most serious cases are still pending up to a decade after being heard.
Ano Pala and Dairi Vele are O'Neill's arse kissers - a disgrace to the people of Papua and one good reason why the application for Australian citizenship should continue to be denied. (Tee, hee :-)
Although Papua did give us Mekere Morauta, his influence on PNG's economy was more than adequately balanced by William Skate - give and take I guess.
Also, parts of the Southern Highlands, for example Ialibu, are regarded as being 'last-papua'...
Just saying.
How about a Simbu or an Orokaivan in the PM's seat?
(But God save us from another John Nape!)
Posted by: Michael Dom | 16 March 2016 at 10:31 AM
His Excellency the Governor General should show up somewhere here at this very crucial and critical time of PNG.
Using all powers vested in him, he can dissolve the parliament and call for fresh elections.
For some unknown reason, the GG has also gone into hiding at important times, usually "sick" and the Speaker has been acting. Very sinister also.
The Chief Justice should also act now to save this country from disaster. He must act now for national interest.
This country desperately needs patriotism, somebody to lead.
Posted by: Mathias Kin | 16 March 2016 at 10:12 AM
Sometimes the old and tried system of summary justice practiced in the Kiap courts seems so much more advantageous and efficient. It was also transparent and could be understood by those who took part.
The legal wrangling of those in high office that has become the norm in PNG is demonstrably not achieving transparent justice for anyone except those who understand the system not to mention the huge costs being incurred. This legal system is not one that is a traditional form of justice in PNG and was clearly developed elsewhere under entirely different circumstances.
There is an old adage: 'Justice deferred is justice denied'.
Could it be that the Chief Justice just needs to take the initiative and cut through the legal 'Gordian Knot' that has developed over this and many other cases? What is needed is clear and decisive action on behalf of the nation.
It would surely make the PNG justice system more understandable to the average PNGian and stop the huge cost and hemorrhage in funds and resources currently being devoted to these exercises at a crucial time when funds and resources are at an all time low.
The nation is virtually holding its collective breath waiting for the legal system to save the country.
With the utmost of respect: Olsem wanem ia?
Posted by: Paul Oates | 16 March 2016 at 08:13 AM
I used to like reading about Idi Amin - the way he lived openly as a dictator in the eyes of the world
Posted by: Daniel Kumbon | 16 March 2016 at 07:30 AM