By MARK MAINO

By UNDIRI PEIYO

 

By ROIT S MULAN

Those who have business interest in a particular industry would design a situation to create their opportunity. It is believed that some of the wars in many countries of the world are orchestrated by weapon producers. Similarly, sometimes, if the electrical supply is all of a sudden inefficient and we have constant blackouts, don’t take it for granted. Sometimes our doom and glooms are by design. Let me show you how it happens.

By design, Minister for Public Enterprise Ben Micah announced on a particular day some few weeks ago of the Government’s intention to sell 50 % of PNG Power Ltd. In the same newspaper, the CEO of PNG Power pretended to have known nothing.

Within the same week, the National Newspaper ran two stories in the front pages, one for the sale of the PNG power 50% share and another one concerning the presentation of a feasibility study LR Group conducted in Hela Province for the supply of reliable electricity. LR claimed that it can use the same medium to take care of most of the power supply needs for the country.

Immediately after the 2012 national elections, Hela prophet Anderson Aigiru brought in LR Group from Israel, the holy land to undertake a number of projects from poultry to all manner of other projects including electricity. The superstitions of Hela prophesy being fulfilled through the Israel-Hela connection was a perfect scapegoat. LR took more than two years to complete a feasibility study. Still today, you don’t see any reliable electricity in Hela. LR Group is an Israeli company and is known for its involvement in the innovative agro industries.

You ask any Israeli in the know and they would tell you that LR has never involved in any electricity projects and has no expertise in the electrical industry. The Chairman of LR Group PNG branch is a person by the name of Ilan Weiss, the son of Jacob Weiss. Jacob Weiss has a long time involvement in PNG dating back to the 1990s, particularly with the Bank of Papua New Guinea. Jacob Weiss has a long history with PNG. He was the one involved in the UBS Cayman Islands deal Paias Wingti was the Prime Minister, Sir Julius Chan was the Finance Minister and Sir Mekere Morauta was the Governor of Bank of Papua New Guinea.

These three still kept their relationships close to Jacob Weiss because Weiss was a deal maker and with his requisite knowledge of the financial industry, he does a very clean job without leaving a trace. Around March/April 2012, it was announced in the media that LR Group would purchase 50% of PNG Power.

The PNG Power Workers Union went on strike and since the national general elections were nearing, the planned sale was shelved. Sir Mekere Morauta was the minister for public enterprise then. Remember Weiss and Morauta were good friends. On an aside, after they returned from the elections, Sir Mek joined the PNG sustainable development Program as its Chairman. Weiss was a long term member there as the nominee for the Bank of Papua New Guinea.

Weiss and Mekere decided to lend about K14 million to build a hydroponic farm at nine mile, outside Port Moresby. The funds were registered as loan against Western Highlands Development Corporation, a company that Wingti is responsible, whilst the monies went directly to LR Group. In December 2013, after more than a year had lapsed and people had forgotten of the move to sell PNG Power Ltd’s 50%, Peter O’Neill directed Treasury Secretary Daire Vele to make a swift transaction of transferring K50 million to Bank of Papua New Guinea.

BPNG is not the Government’s procurement authority yet K50m was paid to BPNG to purportedly purchase to two generators. BPNG even applied for tax clearance which was readily granted. The transaction was conducted in such a way that nobody in any of the responsible authorities would detect the inappropriateness or otherwise of the transaction.

The funds were transferred to Bank Leumi in Israel on 20th December 2013. From very reliable sources, the K50 million was anticipated to be used by LR Group as Peter O’Neill’s seed capital to purchase the 50% share. They organised the transaction in such a subtle way to use the State’s funds to purchase private shares of PM O’Neill in a public enterprise. When the allegations were raised in early January 2014 by the Opposition Leader and others, Peter O’Neill did not respond properly and truly. He was evasive and instead deflected on petty issues like asking the Opposition to come up with better policies.

 On 5th March 2014, the NEC deliberated NEC Policy Submission No. 61/2014 and decided in its Decision No. 74/2014, all of the recommendations enumerated in the policy submission, amongst others. PM’s Media release on 15th April 2014 in response to allegations raised by Opposition Leader Belden Namah, he stated, amongst others that the K50 million was part of the payment of K94 million and is sitting in the Central Bank trust account and was not transferred as claimed.

He admitted directing Secretary Vele immediately after the Israel visit to release the funds. However, by that time, the funds were already transferred. The fact of the matter as it seems, is that LR does not produce the mobile generators, nor does it have the technical capacity to produce and distribute such equipment.

The mobile powers are products of General Electrical Corporation of US and not Israel Electrical. What is the logic of going all the way to Israel to procure the turbines when we can order them directly from GE? It is understood that to cover up, another K94 million was sent, not to LR Group this time, but to GE Electrical directly to deliver the two turbines.

Off course O’Neill can shout at the top of his voice saying he has delivered but it was a long journey and we know it. LR’s Group’s Media Advertorial of 15th May 2014 (Post Courier p.43) did acknowledge that their involvement with PNG dates back to 2011 when Sir Mekere was the Public Enterprise Minister.

LR said they carried out feasibility studies at no cost to PPL/IPBC of the power problems in PNG. LR did not state that the purchase of two power turbine generators was part of the recommendation arising out of their feasibility studies though they did say that the purchase of the two generators arose out of that framework.

I CONCLUDE BY SAYING THAT THE PLAN TO SELL PNG POWER IS NOT FOR RESCUING THE ELECTRICITY PROVISION PROBLEMNS, BUT FOR ECONOMIC GREED AND CORRUPTION.

By: Forces of Me’ekamui

People once knew him as Father Momis, a young earnest Catholic priest determined to free PNG of Australian colonial domination and make it independent.   Father Momis was one of PNG’s founding fathers.   However, time has passed and so has Momis.  Ever since John Momis returned from his time as PNG Ambassador to China, his friends could see that something had changed in his brain.  Used to be he was overflowing with good talk about PNG and the potential we all had to create our nation in the form we wanted, free of unsolicited foreign influence.   Momis was a real patriot, a true PNG nationalist.  But something happened during his time in China and his views changed.  Now he couldn’t say enough about all the wonderful things about Chinese and China.

After he became President of the Autonomous Government of Bougainville, it started to become clear that Momis had changed from Blak Sauspen to Turangu Kokonas.  He had become white or maybe yellow on the inside. The black soul was gone, only dark skin remained.  Out went the old Bougainville Self Reliance strategy that got Bougainvilleans through very difficult times in the 1990s and made them a respected world model of perseverance and ingenuity in doing things for themselves despite all odds.  Self reliance was gone, replaced by Momis’ new strategy of Bougainville Needs Foreign Self Seekers.  Dwarf, squinty Chinese carpetbaggers began arriving in Buka by the planeloads standing beside the tall, handsome people of Bougainville.  

The arriving snakes promised the usual fake dreams, like Buka was going to be transformed into a major city with highrises and superhighways and the kind and generous Chinese were coming to help the poor Bougainvilleans make that change, with only peace and generosity driving their hearts.
Momis should have known better from his own years as a PNG politician hearing to many foreign conmen promising the moon and delivering dirt.  Somewhere along the line Momis has contracted the Slavery Virus spreading throughout developing countries like Ebola.  Thanks to the Invitation from Momis, Chinese planted themselves on Bougainvillean sacred soil and set up shop. Momis may have remained blind to what came after that, but not the people of Bougainville.  As the months went on, it quickly became clear that these Chinese weren’t the technological wizards and mega investors they promoted themselves as, but simple tradestore owners ready and willing to push aside Bougainvillean business people.  Other Chinese set themselves up as pillagers of scrap metal throughout the island, including priceless World War II historic items.  Maybe it was the revenge of Me’ekamui that 2 Chinese scrap metal traders were badly hurt when their brakes failed one day coming down a steep road.

Behind this Chinese riffraff stood some much bigger Chinese investors, interested just like the scrap metal dealers, in helping themselves to the resource wealth of Bougainville. It was not surprising that one step would lead to another and one day the people of Me’ekamui would wake up to hear Momis say he wanted the Panguna mine reopened.  This foolish and disorientated old man, did he not realise that even making such talk would blow down Bougainville’s doors so that conmen right and left could stream inside?  Now the damage is done.  The foreign invasion increased and now there are foreign opportunists out to make a fast buck scattered throughout the island, looking to sign deals and secure resources of all kinds.  Foreign chainsaws are already cutting down the trees, thanks to local village conmen joining forces with the foreign opportunists.  Momis not only lost the plot but lost control of the foreign invasion that now promises to strip Bougainville bare of its resources, then spit the remains out onto the people’s head. John Momis has changed from the Saviour of Bougainville to its Primary Curse. 

Bougainville Copper Ltd (actually an arm of the multinational mining company Rio Tinto), of course, is leading those who wish to strip Bougainville bare.  It has been pushed under the carpet and quickly forgotten that BCL was the cause of the whole secessionist movement, a noble cause created by the horrors of extreme environmental damage, permanent loss of land, and a tradition of inequitable sharing.  Jealous and worried that their rich treasure chest of copper and gold might pass into the hands of the Chinese, Rio Tinto now tries everything from promises to threats to keep their foot in the door.  It even follows the old Chinese philosophy:  if told no a hundred, even a thousand times, ask again until you have worn down your opponent and they finally say yes.

Although John Momis and his AGB mob have become the contemptible lickspittles of self seeking foreigners, that’s not true for everyone in Bougainville.  The anger is growing, people are preparing to fight once more if necessary to keep their land and freedom.   Of course that made the snakes who had the bank accounts wide open to absorb the riches of Bougainville to run crying to Momis.  With fake tears streaming down their faces, the foreign opportunists complain bitterly of the painful sacrifices they made to help Momis realise his dreams. Momis must not abandon them, they say.  Momis, a Founding Father of Papua New Guinea, has become the Bougainvillean Slave to Foreign Carpetbaggers.  He no longer hears the cries of those who sacrificed for Bougainville’s independence and the spirits of lives lost for a dream that does not include the hell of near slavery and environmental destruction.  Momis is hellbent to put Bougainville under the ownership of foreign opportunists.   

The most unpardonable sin of Momis has been to contract a foreign public relations firm to design a public awareness programme to brainwash the people of Bougainville into supporting John Momis and his Gang of Foreign Opportunists.   His new partner in crime is Adam Smith International.  Adam Smith Intl preaches the techniques of the world’s dictators and is enlisted to help John Momis brainwash the people of Bougainville.  They are a mercenary company just like the Sandline mercenary army of African white soldiers who Julius Chan hired to come to PNG to kill Bougainvilleans so that Panguna mine could reopen in the 1990s.   Adam Smith Intl is today’s Sandline and John Momis is today’s Julius Chan.  Actually worse, since Momis is not a half Chinese zero Bougainvillean blood like Chan, but a full blooded Bougainvillean.  A Judas amongst his own people, Momis has hired Adam Smith Intl as his army of words, less painful than bullets, but with the same goal as Sandline – to reopen the mine and ensure Bougainville’s permanent slavery to foreigners.

The second part of this article describes how Adam Smith Intl plans to conquer the Bougainvilleans and hand their heads on a plate given to Momis.

By JERALD LAMA

I am confused about what is going on with Air Niugini being on the list for privatisation.  In one part of a recent official statement on State Owned Enterprises our Prime Minister Peter O’Neill has said that Air Niugini has “maintained a high level of customer service that is internationally acceptable”.   Yet only a few paragraphs further in the same press release, the PM states that SOEs “have not fully been able to realize its potential and its ability to deliver world class services”.  Which is it?  Is Air Niugini delivering internationally acceptable services or not?

This is the latest example of our Prime Minister’s tendency to lie without thinking.   Sometimes his turnaround statements come so quick that a high schooler can tell that the PM is talking against his own talk.  

It is hard to trust a leader who is so easy to catch telling lies.  When do we believe and when not?   When he often says two opposite things about the same topic at the same time, which statement do we believe?   This dilemma confronts PNG’s most intellectual and literate citizens and effects the PM’s credibility.   We can’t tell if he is giving us facts or lies when he speaks and the same is true of most of SOE Minister Ben Micah.

When the government attempted to offload Air Niugini more than a decade ago, not one airline in the world was interested in taking over our relatively small airline.  The economics has gotten worse since then, with more mergers and bankruptcies of the world’s smaller airlines.  No profitable airline in the world is interested in offering its professional management skills to Air Niugini either 10 years ago or now.   The Prime Minister’s negative statements about all government SOEs imply that the last two CEOs of Air Niugini, Mr Wasantha Kumarasiri and Mr Simon Foo have been imcompetents.  Yet, Foo is still the Air Niugini boss and Kamarasiri is now in charge of all state owned enterprises so what is the true story?

Why is Air Niugini privatisation now a good move, when the previous Somare government voiced concerns that “privatisation would jeopardise domestic routes that provide a vital service to regional people and encourage economic development, but which fail to realise a profit”?   The truth is that privatisation often leads to discarding unprofitable domestic routes.  Air Niugini already forces some provinces to pay subsidies to get any air service at all to their provincial capitals as they say the routes are losing money.   Privatise Air Niugini and we’ll have a company that can’t just break even, it will be pressured to make a profit.  That means it will be demanding more money from the provincial governments to maintain the service, if it even tries to continue the service.  

Airfares will rise to generate the revenue required to put profits into the pocketbooks of the shareholders.  Unless you are so rich you can buy thousands and thousands of shares of Air Niugini, you will never make as much money off those shares as the extra costs you will pay for plane tickets.  Air Niugini’s fares will shoot through the roof just like BSP’s fees often completely eliminate the money we should be earning in interest on our savings accounts.

Since it is clear that no reputable airline is interested in taking on 50% stake in Air Niugini, this means the shares will end up being bought by investment organisations such as superannuation funds as well as individuals.  Any airline that no other airline was interested in buying more than 10 years ago when pressures on profits weren’t as high as they are today will not be an airline that any sensible superannuation fund nor sensible individuals will risk their money on now, especially after our PM has said that Air Niugini needs a big money investment to keep it going (maybe next week he will say the opposite?).  That means the share prices are likely to be very low and not able to generate sufficient funds by itself to cover the investment requirements.   People buy and sell shares in the expectation of earning a profit.  None of this is free money to Air Niugini and it had better pay back the money to the shareholders or the share prices will collapse and no one will want to invest.

The PM says that Air Niugini needs capital investment to flourish and the government cannot afford it.   This is the same PM who thinks his government has enough money to offer K500 in foreign aid to Fiji and other Pacific Island nations.   Unless our Prime Minister is lying about the foreign aid donation, which is quite possible, that K500 million could be used instead to buy 6 brand new Bombardier 400 NextGen planes to add to the fleet and replace the aging Fokkers, which come from a company that went bankrupt and collapsed in 1994.

We keep hearing how billions in LNG money will make the PNG government rich, yet the PM tells us that government is too poor to still support state owned enterprises that provide basic services to the people of Papua New Guinea.   PM says that we will still have affordable airfares on Air Niugini, yet global economic indicators suggest that Air Niugini would find it close to impossible to find money to make all the new investments the PM says is necessary,  as well as make the profit that the shareholders will demand, as well as giving affordable service to the people of Papua New Guinea.   This is masalai economics, it all looks like magic or something you dream about but never see happen.  

Something is not right about the Air Niugini story and unfortunately there is no way to know whether the Prime Minister will talk straight or not, since we can’t believe much of anything he tells us.

By Former Journalist

Intellectual Papua New Guineans with access to the internet who have been trying to learn more about the mysterious LR Group of Israel, which is tight with the O’Neill government on many fronts, will find several obstacles thrown onto their path.

All along it was easy to mis-associate LR Group’s name with the multinational insurance corporation Lloyds Registry, which also appears on the internet as LR Group.   Lloyd’s has nothing to do with the Israeli LR Group.   Lloyd’s insures projects and facilities in many countries, including many projected related to power generation.   Lloyd’s Registry web site is at www.lr.org, with their PNG business handled by its Cairns office.  Many pages connected with the insurer will come up when googling for information on the Israeli LR Group, including web pages discussing power generation projects.   Don’t confuse the two companies as our politicians may be doing when they support LR Group without being clear that they have no capacity to run a national power grid or construct dams and hydropower facilities.   

A more recent name confusion that looks intentional has appeared the past couple weeks in the National and Post Courier newspapers. The stories have been referring to the LR Group as El Al.   Now it is supposedly El Al that’s making agricultural industry in Southern Highlands and El Al that is going to build the hydro project in SHP. 

Google El Al to learn more about this company doing the agricultural industrial complex project and   you’ll get plenty of information on Israel’s flagship air carrier which is the real El Al.  El Al Airlines has nothing whatsoever to do with LR Group, but how many recreational websurfers will bother to figure that out?   Instead, they may assume that the Israeli airline is now expanding to agriculture and hydro projects!   


On the other hand,  if you know that this Israeli company is actually called LR Group and that’s what you google,  already on the second page of links you will see one of the pngblogs investigative articles on LR Group.   Immediately, you’d start learning the other side of the story than what the newspapers are telling us.  You’ll start learning about their lack of capacity, their many announcements of projects that never seem to go anywhere throughout the world, their land grabbing projects in different African countries and their nonsustainable projects in Angola where the projects immediately collapse when handed over to the Angolan government for localisation.  You’ll find out the company hardly exists in Israel despite that being its base of operation.  You’ll read comments from former employees of LR Group indicating that it is a very secretive organisation.  You see, you learn a great deal about LR Group if you know its real name.  Better to call it El Al here in PNG? 

Added to all that sometime within the last month, the LR Group web site (www.lr-group.com) suddenly went blank with no prior announcement.  The site is not offline.  It’s content has been removed.   Whoever blanked out this website, which is fairly obscure and would not normally generate frequent visits from the Google search engine computers, also made sure that the Google cache of the web pages also would be blanked out so that no one could go through the site and retrieve information that had been on the website before it went blank.  Blanking out the Google cache of any web site so that the information is no longer retrievable in any way through Google can be done by first removing the web page content, then submitting the web site and pages URL addresses directly to Google.    All this took some effort by someone at LR Group.

The conclusion is that we’re neither dealing with a respectable company nor a very stable one.   A real company would never blank out their web site but keep it running constantly because a respectable company wants itself seen by a reliable, informative and attractive web site that is always on line.   

Understanding all this, the question is why Peter O’Neill so determined that this LR Group now going under the name of El Al be given the ownership of PNG Power Ltd so they can call the shots on our power bills for many years to come.   Their competence is questionable in this area to say the least.   Once in control they can cover up any of their incompetencies by jacking up our rates or abandoning the whole mess back to the government and letting us taxpayers foot the bill.   This is a disaster in the making.

By Mangi Souths

What kind of bullcrap is coming out of the mouth of James Marape now?  This fat fellow is very wrong that Hela has been without electricity since the early 1990’s when Hides gas field was opened up to supply Pogera.   There has been generator power in Tari off and on.   The issue is that the power lines from Hides to Pogera went past Tari all these years not one person in government said to the operator of Hides and Pogera that this was unacceptable.  People of Tari and Hela first before Pogera profits.   Those who neglected this issue include you, James Marape!  How many times have you been in Tari since you became MP and it did not come into your mind how unfair the situation is about Pogera getting first priority and the people of Hela no priority to use this electricity?  Are you only now making this discovery or too worried about putting more money in your pockets to make it a priority for action.  Isn’t this why we have the power shortage in the first place? Politician brain closed to logical ideas offered by the people for so long, then when it enters the idea takes years to germinate in the politician head and by the time it comes out the problem has gone from bad to worse.

What is these words you are using, fat James, that Exxon-Mobil has now agreed to free up some “excess gas” to be used to produce electricity for Hela, Kutubu and Port Moresby. What is meant by “excess gas” and if it is excess  why does Exxon Mobil have to give permission?   Gas has being burnt off and totally wasted in the Kutubu and Moran oil wells since the 1990s.  So much “excess gas” burnt off by now while you were having parties in Moresby, completely wasted and nothing to show for it, because Kutubu landowners were never paid gas royalties when all that gas was coming up with the oil before the gas project.  Where have you been, fat James?   If it is excess, why does Exxon Mobil have to free it up?  You are making no sense!!!!

Worse yet, your statement to the newspapers made it sound like you were Exxon Mobi’s lap dog. You said “We are thankful that Exxon Mobil through discussions with our PM has given an indication to free up a small excess gas to set up a power plant here in Tari, in Kutubu as well as in Port Moresby to meet some of the current electricity deficiencies we have so when that comes on board hopefully we fill in the gaps”.   

Who is the boss in this country fat James, is it Exxon Mobil or the PM?  Why does the PM have to beg for excess gas which rightfully belongs to the people of Hela?   You forgot to mention one very important thing or maybe you left it out on purpose.  Will PNG have to pay for this gas back to Exxon Mobil, or will the PNG government deal straight with the landowners and pay them royalties.  Is Exxon Mobil going to make profit from this unwanted excess gas off the backs of the people of PNG?
How absolutely pathetic that we have to beg and plead to get a small amount of “excess” of our own resources to use, and have to beg the giant multinational corporation to give us the scraps they don’t want.   Let us not forget that Exxon Mobil, the largest company in the world,   In 2007 it made the largest profit in the history of the world, $40.6 billion (which is about K168,000,000,000).  That is not income, that is pure profit.  In 2013, its profit was $32.5 billion or K93,000,000,000.  Just last year’s profit was more than 7 times our entire government’s budget for 2013. 

This is not a company that helps local people or gives anything away for free. It is a monster that bosses prime ministers and countries around so why don’t you just admit that fat James, and stop acting like Peter O’Neill has any other option but to tell Exxon Mobil yessah masta, yessah masta.  

By     אנשים ישראליים טובים עוזרים לנולחקור אותך
In general, despite all the rebuttal that Peter O’Neill has made that he cleared the generator purchase through the NEC, the fact remains that PNG Power has policies and procedures for such purchases that could easily have been used by the Prime Minister if he had so chosen.  That he did not has generated the following concerns:     That there was no due diligence, cost benefit analysis, compatibility of technology analysis and budget and financing arrangements as such are important procedural requirements to making decisions to acquire goods and services. That PNG Power’s comprehensive procurement process in place in acquiring goods and services, long administered by highly qualified staff, was not used.. It was a transaction concluded outside of the PNG Power systems and processes for good governance and transparency.   There is no possible argument that the Prime Minister can give regarding PNG’s power shortages that explain why he would bypass PNG Power to get this transaction completed and deal directly with an Israeli company whose knowledge about national power provision seems limited to the hiring of consultants. 

By Tutsul Kagl
 
Our Agriculture Minister Tommy Tomscoll has said many times the importance of our small scale farmers in PNG agriculture.   Women especially, but also men, they are backbones in our country  with roots in agriculture going back 10 thousands years ago. 

Our village farmers have been supplemented for many years by resident companies here for the long haul.  Some have their heart in the country such as Zenag Farms in Morobe Province which produces chickens and eggs.  This company was started by Mick Leahy, one of the 3 whiteman prospectors who ventured into the interior of our country in the early 1930s and discovered the existence of our highlands peoples, the news of which went around the world.   Zenag company is owned by the son of Mick Leahy who is here as a citizen. Those long term companies involved in PNG agriculture have struggled the last few years because our government does not restrict cheap Chinese and Indonesian foods flooding into PNG and forcing the Made In PNG equivalents out of the picture. 

Village men and women who grow the food of this country are the majority of our population yet few make much money.   Israeli friends, those of you who have come to PNG to set up Innovative Agriculture Industry in our country, I hope you visit one of the many fresh produce markets in our country to see what our village farmers can produce.  Goroka and Hagen are the best but you will find highlands and lowlands produce together in impressive variety in Lae and Moresby markets.  These are the places where the little people make their money after working the gardens to grow food for all and they try so hard to produce good quality produce.   Because they work their own land and grow their gardens without need of expensive infrastructure, they can survive the high transport costs to bring food throughout the country.  The little money they make is magnified when they sell in the open markets when they can sell direct to the consumer.  Selling to supermarkets means a middleman will take more of their money.  That is why the PNG government should discourage fresh
 produce sales in supermarkets and make the open produce markets more attractive for people to by their food.

Israeli friends, I understand you must make a living just like all of us but I must still say that it is sad to see your participation in agriculture enterprises that will badly hurt those who are born of this land.  Firstly if you believe that you are helping our country by setting up your Innovative Agriculture Industry in my country please step back and look at the bigger picture.  Yes you are bringing Innovative Agriculture Industrial Complex to PNG but this technology is not yet appropriate for majority farmers in this country.  Our farmers do not have the capital to invest in such high technology for one thing.

The problem your Innovative Agriculture Industrial Complex bring to the little people of PNG is that it is large scale which means you can sell at a lower price than our farmers.  Unlike your country where most people live in the city, most PNGs live in rural areas.  The land is our life, we must find ways to make money from that land to pay school fees.  When you outcompete us it destroys lives.

My friends from Israel, you are creating large infrastructure to compete against the little people.  I have read that in these large greenhouses that your company LR Group has built, you are growing tomatoes, capsicum and lettuce.  You say these produce are not being grown by local farmers but that is false statement and you will see it so if you go to the markets or ask farmers themselves who are growing these foods in there highland gardens.   Only the lettuce is not grown so much but that is like so much of what we grow today.   Each new crop introduced to the farmers of PNG started small and with proper attention, spread until it was grown by many people.

The mining and LNG companies feed many thousands of workers and those living away from the royalty areas but still reasonable distances from these projects were hoping to use their land to make money selling their fresh produce to these companies. But your LR Group is saying that you will be supplying these companies.  You will be pushing the little people out. 

Israel is the land of Jesus and a place most of us PNGs worship. That is why it hurts to see what people from Israel coming to our country are doing to the little farmers of this country.  Everywhere in the world that I have heard, it is the little farmer pushed out of business when the larger agriculture businesses appear.  

I have read in recent news that your Innovative Agro Industrial Complex was set up with government money, including from Western Highlands government of Pais Wingti and K20 million given by Anderson Agiru.   I do not understand why our governments would be giving money to a foreign company instead of using that money directly to help the farmers of this country.   Yes we need foreign investment and technical assistance but not in areas where our people are already active and successful.   Our governments should be investing in improving the markets and making them attractive for all people in the cities to go and buy their produce instead of the supermarket. That will put more money into the hands of our village people.  Our governments should never be investing in projects that will destroy opportunities for our simple farmers.

My friends from Israel, please think about what you are part of in destroying livlihoods that were here before you came.  Think about the good teachings of Jesus Christ. Then go to our markets, find out what the little farmers of this country going the cucumber, tomatoes and capsicum are earning.  Compare that against your own paycheque and think again about what you are doing to us.   Israeli people should be our friends and not our destroyers.   May God Be With You In Opening Your Mind To These Truths.

Analysis by BRYAN KRAMER

This morning the Supreme Court handed down its ruling against Police Commissioner Geoffrey Vaki's view that he as the Head of the Police Constabulary has constitutional powers under Section 198 of Constitution to set aside the arrest warrants against the PM.

Section 198 of the Constitution provides for the office of Commissioner of Police and prescribes his powers as being responsible for the superintendence, efficient organization and control of the Force in accordance with the Police Act 1998.

Vaki argued that as the Commissioner of Police he has wide powers, control, and superintendence of the Police Force and such powers give him the right or discretion to withdraw arrest warrants.

In defence against Vaki's case Fraud Squad Members represented by Egan and former Police Commissioner Tom Kulunga represented by Moses Murry argued that a warrant or arrest was an order by the District Court which must be followed. Any disobedience to the order is contempt of court.

The arrest warrant was issued by District Court back in June after members of National Fraud Squad made a request to the Chief Magistrate. They applied for the warrant against the PM on Official Corruption charges after finding the PM was implicated for authorising the payments of K71.8 million to Paul Paraka Lawyers.

Official Corruption is a criminal offence under Section 87 of Criminal Code. Section 87(2) states that a person can not be arrested without a warrant (order of the court). Unlike most criminal offences that don't require a warrant of arrest official corruption involves persons in high-profile positions and to avoid politically motivated or wrongful arrests damaging their reputation the law states that police must first obtain a warrant (order) from the District Court. The District Court Magistrate will first review the police evidence to confirm there is reasonable grounds or sufficient evidence to justify the arrest of the accused.

The Fraud Squad members like every member of the force have constitutional powers under Section 197(2) of Constitution to lay, prosecute or withdraw charges against any person who breaks the law. The members of the Police Force are not subject to direction or control by any person outside the Force.

The Police Commissioner who is not outside the force and serving the interests of the PM believed he had overriding constitutional powers to direct or control members of constabulary including their rights of arrest and setting aside arrest warrants obtained by members of the force.

The Supreme Court ruled today he has no such powers to set aside a court issued arrest warrant which is essentially a Court order. However the Police Commissioner has authority to issue directions to other members of the Police force regarding the conduct of criminal investigations, including applying for arrest and search warrants, laying or withdrawing charges. If he were to abuse these administrative powers by preventing a member of the force from arresting someone or ordering them to withdraw the charges without proper grounds then he would be subject to disciplinary charges, either under the Police Act or referral to OC and if found guilty dismissed from office.

After the National Court Judge Kariko refused the PM's application that was supported by Vaki to stay (stop) the arrest against him back in June, Vaki then filed an application in the District Court to withdraw the arrest warrants.

The Chief Magistrate Nerri Eliakim refused Vaki's request, ruling it would be a direct interference in the functions of the Police. The Chief Magistrate endorsed the National Court Judge Kariko's ruling, saying the issue of the investigation and arrest was an administrative matter for the Police. Unless there was an abuse of power by members of force, however Vaki failed to produce any evidence that the warrant was obtained improperly and also failed to satisfy the court that an arrest warrant is not needed to arrest the PM. The Magistrate referred to Section 87 of the Criminal Code that a warrant of arrest is needed to charge a person alleged to be involved in official corruption.

The Chief Magistrate also stated that before a warrant of arrest is taken out on the said charge, a prima facie case (latin meaning sufficient evidence) must be established. She said that was established by the former Commissioner, Tom Kulunga.

Vaki then appealed or challenged the decision of District Court by filing for Judicial Review in the National Court. The National Court which is a higher court has inherent powers to review any decision of the District Court.

In a Judicial Review the Court only looks at the administrative procedures or processes used by the decision making authority in this case District Court to arrive at the decision. It is not concerned with the decision itself. If the findings confirm the statutory or administrative procedures or processes were not complied with it will overturn the decision and refer it back to the decision maker (District Court) to comply with procedural requirements.

The four main grounds which a Judicial Review is based is

(a) Substantive ultra vires - It is to review "excess of power" or "jurisdictional facts" as well as constitutionality of administrative acts.

(b) Procedural ultra vires - It is to review compliance of administrative decisions with statutory procedural requirements.

(c) Natural Justice - It is to review the fairness and reasonableness of those administrative decisions including review of open motive and abuse of discretion.

(d) Error of Law - It is to review administrative decisions that are wrong in law.

Before the Court will hear a Judicial Review application a person must be granted leave (permission) to prove they have been aggrieved (affected) by the previous decision and they have an arguable (strong) case.

In this case Vaki filed for judicial review in the National Court to review the decision of the District Court refusing his request to set aside or withdraw the arrest warrants against the PM. When he applied for leave (permission) the Chief Justice refused his application/request on the grounds he did not have standing because he was not aggrieved (affected) by the decision, the arrest warrants were against the PM not Vaki. Following the decision of CJ the PM's lawyers returned to Court asking for leave for Judicial Review. The CJ granted the PM leave to review the decision of the District Court. The case then came before Justice Gava-nanu who referred fifteen constitutional questions to Supreme Court because the issues raised by Vaki referring to his interpretation of Constitution powers under Section 197 and 198 of Constitution. A further issue was that Task Force Sweep filed contempt charges in National Court against Vaki for failing to comply or enforce the arrest warrants against the PM. Because there are no clear processes or procedure whether contempt charges against orders of the District Court can be heard by the National Court this issue needed to be clarified by the Supreme Court.

Today the Supreme Court ruled the National Court had jurisdiction (power) to determine contempt charges against District Court orders. Basically the Task Force Sweep contempt proceedings against Vaki can now proceed. Because the Supreme Court ruled Vaki has no powers to set aside or withdraw arrest warrant against the PM he is liable for contempt of court charges which was the case for the former Commissioner Kulunga. If found guilty or convicted Vaki may be sentenced to serve time in prison.

The Supreme Court did rule that Vaki as the Commissioner of Police did have standing to file Judicial Review of the District Court decision to issue arrest warrants. However he would have to prove that the members of the force acted ultra vires (latin meaning acting beyond ones powers). In this case it was the former Commissioner Kulunga who approved the Fraud Squad's request for the warrants from the District Court.

So what does the Supreme Court's decision mean in relation to the arrest warrants against the PM. Well the National Court issued a stay order against the warrants pending the final determination of the Judicial Review. The stay remains in effect until the final ruling of the National Court. The findings of Supreme Court will be now be referred back to the National Court to consider in it's final ruling. If the National Court rules against the PM based on the ruling by the Supreme Court then the Court will dismiss the Judicial Review by the PM and remove the stay order on the warrants. This means the Vaki will be forced to allow the members of Fraud to arrest the PM.

Supreme Court also ruled Vaki has standing to challenge the arrest warrants issued by the District Court even though the CJ was of the opinion he didn't. So Vaki may now refile and apply for leave for judicial review against the District Court decision to issue the arrest warrants. He will still need to obtain leave (permission) from the National Court and demonstrate he has strong case if granted leave he can apply for stay on the warrants again until the National Court hears the Review. Failing that the arrest warrants will have to be effected by Vaki or face further contempt charges.

My apologies for being absent from posting on facebook I have been quite busy with a number of assignments over past few weeks. Hopefully I can commit sometime over the next few weeks to continue to keep people informed. This ruling although predicted is only the tip of the iceberg to what's coming.

By Mr Dilon Perry

Not sure if Mrs Sonja Barry Ramoi will send her complaints about the png blogs article ‘Namah is no saint’ straight to png blogs so everyone can read and comment.  Maybe not. We know the pollies run away from png blogs cuz they pretty scared to face any sharpy questions that will let out bad secrets.  Anyway that’s up to her but all pngblogs readers should check out her article cuz she reacted exactly what the original article predicted. 

The Namah is no saint article predicts that cheerleaders of ONeill and cheerleaders of Namah will do the same thing. Wait in the background then jump loudly to the defence of their favourite pollie and make enough noise to drown out any allegations being made against their faves.   That’s what Ms Sonja did yesterday.

Also she did exactly what O’Neil and Namah do all the time, she picked a few parts of the article she didn’t like and really rubbished the article based on those bits, but ignored most of the article completely.  She was quite angry about the bribery allegations. Original article said Namah took bribes as Forest Minister,  Ramoi says he didn’t, Namah said how could he take bribes when he was a logger himself.  Now that’s a silly response cuz people take bribes to make money and a Minister takes bribes  for giving favours.  Forest Minister holds the key to giving approval for logging projects even if objected to by the department itself.  Kind of like when Peter ONeill ignores tenders process to help out Israel friends.  Mr Namah could easily do the same and help out his logger friends in return for bribes.  
Sonja Barry Ramoi doesn’t like that bribery accusation one bit.  She also repeats what Namah always says, that he has never stolen public funds, but the original article says that also so no area of disagreement about that.  Instead the ‘Namah is no saint’ article says Namah got rich not off public funds but by tricking landowners into losing their land rights and resources to him by the SABL way. That lets him have hundreds of millions of kina worth of valuable hardwoods without paying anything to the government or the landowners either.  Wow you can make big bucks that way!!!!

Most of the ‘Namah is no saint’ article talks about Belden Namah’s involvement with this Bewani land grab SABL.  Ms Ramoi ignores all this, doesn’t mention SABL even once.  This is the same trick that the original article mentioned that both Mr Namah and our PM do all the time ie they only tell half the story and ignore the rest.  So Ms Ramoi gets all worked up denying that Belden Namah took bribes while completely ignorng what most of the article was about ie SABL stealing of resources and landrights.  Now thats very strange!!!!

Ms Ramoi makes so much effort to tells us to not believe anything the article says basically because she says so and because she knows Mr Namah very well and he is a beautiful person who wouldn’t do anything bad.  I was thinking when I was reading her words and had a funny thought.  Like what if Belden Namah was caught on video having sex with a pig in Moresby on a public street now what would people say. Of course all his brothers and sisters back home as well as friends in Moresby would rush up to defend him and shout very angry at those who saw with their own eyes that Belden Namah was having sex with pig.  His friends and wantoks would say that the accusers were lying or maybe say that Namah was only making friends with pig, or that he was drugged senseless by O’Neil then while unconscious put into a pose of having sex with that pig etc etc etc. But of course they would be lying and I think that is what Sonja Barry Ramoi is doing in her article about Belden Namah. We should never trust anyone who is good friends or great admirers of someone else that they truly will take an honest look at that person then tell the truth about how they act.   They will always bend over backwards to defend there friend or wantok even if caught redhanded doing something wrong. 

Because the author of the original article ‘Namah is no saint’ slams ONeill and Namah equally strong I probably would  accept the genuineness of such a report rather than an article written by close friends of these two like what Sonja Ramoi is to Belden Namah.  

We must all give a big hallo and thanks to Ms Ramoi for confirming that Belden Namah read the article ‘Namah is no saint’.  If he doesn’t come over here and give his side, that probably means he is afraid of questions thrown at him or has no good defence to the allegations other than saying the usual politician response ie everything is lies, falsehoods, baseless, etc etc etc.  Also thanks to Mrs Ramoi maybe we will see crowd of people rushing over to pngblogs to find the article Mrs Ramoi is talking about.  Let people be the judge, in the meantime I wait for Ms Ramoi’s Part 2 to her rebuttal with a title something like ‘Belden Namah connection with Bewani SABL is all lies and fabrication’.   Too bad she overlooked that SABL stuff in her first article maybe it was cuz of simple accident like her eyes suddenly went closed before she got to the main part of the article cuz she was up late last night doing something.

By BRYAN KRAMER

Seems many are still confused on this issue and asking the same question. The short answer is NO. It does not mean the PM won't be arrested, it just means not right now.

Was the Supreme Court ruling directly related to the Paraka-gate Saga or the arrest of the PM? Answer is NO.

So what was the Supreme Court decision about??

The Supreme Court decision relates to 16 constitutional questions referred to it by the National Court and the Attorney General Ano Pala. If you recall from my previous articles explaining the Supreme Court is the highest court in PNG and namely deals with Constitutional Law and reviewing decisions (appeals) made from the National Court.

The National Court is in charge of court proceedings dealing with criminal and civil cases and reviewing decisions of the District Court.

District Court deals with summary or minor offences including issuing arrest warrants against a person who commits a serious criminal offence where the law requires a warrant be issued before police can arrest the accused (person is who suspected of committing the offence).

In this case the National Court is dealing with a Judicial Review case filed by Commissioner of Police Vaki and PM reviewing the decision of the District Court who issued the arrest warrants against the PM and refused Vaki's request to withdraw it.

Why? because if you want to withdraw an arrest warrant you have to back to the Court that issued it, and if the Court rejects your request but you believe the decision was wrong then you have the option to go to National Court to challenge or review the District Court's decision against you.

So what is a Judicial Review? I explained it in my early post/article which is self explanatory.

Back to the Supreme Court decision, so of the 16 constitutional questions the National Court referred 9 questions of law to the Supreme Court to provide interpretation (explain the meaning) and application (how the law should should be applied) and the other seven questions came from the Attorney General Ano Pala. But why?

Well when the National Court is unsure about the interpretation or meaning of a law that relates to the Constitution or how it should be applied the National Court must refer or ask the Supreme Court to provide the answers or interpretation. The National Court decisions are only made by one judge where the higher Supreme Court decisions are typically made by three if not five judges. A decision of a Supreme Court is binding on the National Court meaning it has to follow the Supreme Courts decision because the Constitution (Sch 2.16) says so.

So when Vaki filed the case in the National Court to review or challenge the decision of the District Court, the National Court suspended the arrest warrants until it first heard the case.

But before hearing the case the National Court was unsure about the constitutional powers of the Police Commissioner and whether he has the power to issue directions tor control over other members of the Police Force to obtain or withdraw the arrest warrants. Members of the Police Force also have Constitutional powers. Constitutional powers meaning their powers are provided or stated in the Constitution. eg Section 197(2) of Constitution provides powers to every member of the Police Force to make an arrest or withdraw charges and states they are not subject to control by anyone outside the force. So even the Judiciary can not control a member of the Police Force provided he/she follows the law. Section 198 of Constitution provides the powers of the Police Commissioner giving him wide administrative powers to run the Police Force.

So the 16 questions referred to Supreme Court relate to the following cases

- six constitutional questions relate directly to the PM and Vaki's case
- three constitutional questions that relate to contempt of court charges filed by fraud squad members against Vaki for not effecting the arrest warrant.
- seven constitutional questions referred by Ano Pala in his capacity of Minister of Justice or Attorney General or AG.

Where a member of parliament is appointed Minister of Justice and he is a qualified lawyer he is referred to as Attorney General if he isn't a qualified lawyer he is referred to as a Minister of Justice. Kerenga Kua and Ano Pala's are lawyers so they are referred to as AG when holding the Ministry of Justice. Biri Kimosipa who was an MP and the Minister of Justice back in 2006 because he was not a lawyer thus referred to as Minister of Justice and not AG.

Anyway back to 16 constitutional questions. They were generally centred around three main issues

1) Powers of the Police Commissioner in relation to the control and direction of other members of the Force
2) Powers over an arrest warrant issued by the District Court and
3) Whether a warrant of arrest was a court order and whether the National Court has jurisdiction (powers) to deal with contempt charges against the District Court orders in this case arrest warrants issued by the District Court.

The Supreme Court ruling yesterday was to provide the answers to the 9 questions asked by the National Court to assist it with dealing with the PM's and Vaki's case challenging or reviewing the District Court's decision to issue the warrant and secondly its refusal to withdraw it.

So what were the main issues determined by the Supreme Court

1) The Police Commissioner has the authority it issue directions to the members of the Police Force regarding conduct of criminal investigations, including applying for arrest and search warrants and charging someone.

2) A arrest warrant issued by the District is equivalent (the same as) to a Court Order which must be followed or complied with. The Police Commissioner has no powers to ignore, interfere or refuses to comply with it maybe guilty of contempt of court.

3) The Police Commissioner or any member of force can in the appropriate cases can apply to the District Court to withdraw a warrant of arrest. Of course such an application or request must be genuine and for good reason. A warrant of arrest is court order and the Court is not just going to with draw its orders because you want it to. If the Commissioner of Police wants to withdraw or direct a members of the Police force to withdraw a warrant the has to demonstrate to the Court the warrants are defective or information (evidence) provided to obtain the warrant of arrest is false.

4) The Police Commissioner has standing (has a right) to challenge a warrant issued by the District Court.

So why did the Supreme Court recognise the powers of the Commissioner of Police when some will argue he is biased and unlawfully preventing the PM's arrest. Well the Supreme Court was not interested in Geoffrey Vaki or his actions but the office he holds. It is common sense that a person who is in charge of an organisations especially discipline forces like the Police Force must follow orders of rank and file. The Supreme Court held this view because the special nature of the disciplined forces, it is a primary duty of the their members to obey lawful orders. The Police Commissioner is the head of the force if members did not follow him there would be chaos. Having said the Commission is constitutional office and must also act appropriately serving the rule of law not the interest of those who appointed him. He has the powers to direct and control of other members of the Police Force and hey are obliged to follow his orders provided they are "lawful" But he does not have power to defy or interfere with an arrest warrant issued by the Court.

So now that the Supreme Court has answered the National Court's questions now what? Well the ruling of the Supreme Court will be referred back to the National Court to consider in the PM and Vaki's Judicial Review case challenging or reviewing the District Court ruling.

In a Judicial Review case, a person must first obtain leave (permission) to demonstrate firstly they have standing (a right to file a case) to challenge or review an earlier decision and secondly they have a strong case based on law or facts or both. If the National Court refuses leave (permission) your case is over. If they grant you leave then you file a proper application for Judicial Review.

In this case the PM was granted leave but Vaki wasn't but now the Supreme Court has ruled the Police Commissioner the head of the Police should have the right to challenge any warrant issued under his office in appropriate cases like where the warrants are improper.

So now Vaki after initially being refused leave by the CJ will now have the right to apply for leave and join the PM in challenging the District Courts decision not to withdraw the arrest warrant against the PM.

This hearing may take place next week. If Vaki is granted leave then both Vaki and PM lawyers will file a formal application for Judicial Review and for the National Court to hear the case. If Vaki is refused leave because he can not demonstrate strong grounds or reasons then the case will proceed with PM as the only party (applicant)

The process of Judicial Review from start to finish can take about three months, given the case is high profile the Courts may give it priority and maybe take only two months. But until the National Court rules on the case the arrest warrants against the PM will remain suspended.

Judicial Review process.

Once parties being the PM and Vaki obtain leave (permission) the following process will apply soon after.

1) Directional hearing - first hearing where the Court gives directions to parties on issues of legal representation, service and filing of documents,
the grounds of review, legal issues, Statement of agreed and disputed facts, filing of extract of submissions and filing of Review Book and
Fix a date for the Pre- hearing Conference to take place within seven (7) days of Directional hearing

2) Pre-hearing or trial conference will deal with confirming correctness of the Review Book, confirm grounds of review, confirm legal or factual issues, filing of extract of submissions, confirm the length of trial and fiix or confirm a date for the hearing or trial.

3) Then Status Conference hearing to re-confirm everything is ready for trial

4) At the substantive hearing or trial the parties lawyers appear and argue their case then the Judge will typically adjourn (postpone) his decision for a month or more to read or carefully consider all the arguments until handing down his final decision.

At the final decision the Judge will either uphold decision of the District Court removing the suspension of the arrest warrants or overrule the District Court decision.

But as I have explained in my previous articles it was never the arrest of the PM that would result in his removal. In my opinion the PM an Vaki's case will ultimately fail and Vaki to be convicted for contempt of court.

The recent ruling of the Supreme Court finding the three lawyers guilty of Contempt and National Court convicting the Governor of Gulf for misappropriation confirms the Courts are no longer stuffing around. Yes you can delay the process but in the end justice prevails.

By JASON WAUGLE









By the way, Sleazy Slimy Ano Pala, what’s the current status of that arrest warrant against you?

 Analysis  By BRYAN KRAMER

Short answer is Yes...

So when?? - Most likely on Monday if not then no later than this coming Friday.

The PM was referred to the PP on August 2014 so why has it taken so long??

Well firstly the Public Prosecutor (PP) was dealing with the other cases referred to it by Ombudsman Commission (OC). The PP on Thursday referred the Member of Manus Ronny Knight to the Chief Justice for alleged misconduct in office. Mr Knight's case among others was referred to the PP before the PM's case so he dealt with that first. Secondly given the PM's referral relates to the highest office in the land it was only appropriate to give it proper and careful consideration before the decision whether or not to refer PM.

Some of you may recall an article I posted on 11 August 2014 titled "Court Retrains PM and Acting Ombudsman." The article covered the role and purpose of the Ombudsman Commission (OC) and explained the only feasible means to remove the PM is his dismissal from Office by a Leadership Tribunal. Further that the OC had investigated Peter O'Neill in relation to the UBS loan, finding there was a prima facie case (sufficient evidence) for misconduct in office. His referral to the Public Prosecutor (PP) by the OC was imminent (certain) and the only uncertainty will be whether he will be removed from Office in two or four months.

Well less than 24 hours after posting that article the OC referred the PM to the Public Prosecutor (PP). It will be just under two months now from PM's referral to the PP by the OC and now his referral by PP to the Chief Justice (CJ) to face a Leadership Tribunal. So the point of whether the PM will be removed from office in two or four months looks to be the latter (4 months) from12 August 2014.

*****

So what does the PM being referred to a Leadership Tribunal actually mean??

Those of you who haven't had the benefit of reading my previous article explaining the OC role and powers I will recap or provide a short insight.

The office of Ombudsman Commission is established by the Constitution as an independent office and is answerable to no one, not even the Prime Minister or the Government. Its primary purpose other than to ensure proper administration of government bodies and to challenge unfair laws is to supervise the enforcement of the Leadership Code.

The OC is sometimes referred to as the government watchdog because its function is to keep an eye on the Government by investigating any governmental body or office, including Members of Parliament.

So if you are on the government payroll or hold a government appointed or elected position you’re subject to investigation by the OC.

The Leadership Code also referred to as the Organic Law on Duties and Responsibilities of Leaders is a law established by the Constitution (Sec 28). Persons who are subject to the leadership code include:

i) All Members of Parliament including the PM and Opposition Leader
ii) Members of Provincial Assembly and Local-Level Governments,
iii) Heads of Government Departments (Secretary of Department )
iv) Constitutional Office holders including Police Commissioner, Defence Force Commander, Electoral Commissioner, Judges & Legal Officers etc.
v) Senior Diplomats,
vi) Executive Officers of Political Parties.

If a person who is subject to the leadership code conducts himself in such a way, both in his public or private life or his association with other persons including family, friends or business partners places himself in a position in which he has or could have:

(i) a conflict of interest or be comprised; or
(ii) demean or spoil the reputation of his office or position; or
(iii) allow his public or official integrity, or his personal integrity, to be called into question; or
(iv) to endanger or diminish respect for and confidence in the integrity of government in PNG;
(vi) use their office for personal gain;
(vii) or enter into any transaction or activity that might be expected to give rise to doubt in the public mind as to whether they are carrying out their duties.

If he or she commits any of the above acts maybe guilty of misconduct in office and dismissed from office for a period of three years.

*****

The Organic Law on Duties and Responsibilities of Leaders prescribes the specific leadership code offences a person can be dismissed from office for.

Section 4 - Statement of Income.
A person subject to the leadership code must disclose a statement of income to the OC every year. This report includes disclosing all their assets (money, property, land etc), liabilities (loans) income including gifts received and business connections. Failure to do or produce false information is an offence of misconduct in office.

Why is it important? Because if an MP reports he only receives income of K5,000 per fort-night but he has two houses in Moresby and one overseas, buys two new VX Landcruisers the OC will know he can't afford it and will conduct an investigation into where he got the money to pay for it.

Section 5 - Use of Office for Personal Benefit.
If an MP directly or indirectly asks or accepts any benefit using his office or official position, is guilty of misconduct. (example receives kick backs, money or property etc)

Section 6 - Personal Interest.
Where an MP fails to disclose conflict of interest he or his associate may have in relation to his position or official capacity is guilty of misconduct in office. Example giving government contracts to his family or friends company including car hire, hotel/guest house etc he must disclose it to the OC and they will approve or decide whether it is proper or not).

“Associate”, includes a member of his family or a relative, or a person or company/business associated with him or with a member of his family or a relative;

Section 7. Company Directorships
Where a Minister becomes or nominates his associate to become a director of a company or foreign enterprise, including his spouse (wife) and children without first obtaining approval from the OC is guilty of misconduct in office, (this to avoid conflict of interest). A Minister who fails to give priority to official business over personal business is guilty of misconduct in office.

Section 8. Shareholdings.
A person who is subject to the leadership code becomes or nominates his associate to become a shareholder in a company, including his spouse (wife) and children that would place him in position of conflict of interest without first obtaining approval from the OC is guilty of misconduct in office.

Section 9. Engaging in other paid employment.
A person who is subject to the leadership code that engages in other paid income other than his official job without first obtaining approval from the OC is guilty of misconduct in office.

Section 10. Interests in contracts.
A person who is subject to the leadership code or his wife or children seeks, accepts or holds any interest in any Government contract without first obtaining approval from the OC is guilty of misconduct in office. The OC will not give approval where there is a direct conflict of interest to the persons official position.

Section 11. Accepting bribes.
A person who is subject to the leadership code or any of whose associates, corruptly asks, or receives or attempts to receive any benefit or favours of any kind for himself or his associate including family in consideration of his public official is guilty of misconduct in office.

Section 12. Accepting loans,
A person who is subject to the leadership code including wife or child accepts any loan or gift or other benefit or advantage from a person, business or foreign company is guilty of misconduct in office.

Section 13. Misappropriation of Public Funds
A person who is subject to the leadership code knowingly applies or agrees to apply public funds to any purpose to which it cannot be lawfully be applied is guilty of misconduct in office.

Section 14. Abuse of Office for personal advantage.
A person who is subject to the leadership code discloses any confidential or secret information acquired by him in the course of his official duty or for personal gain or advantage or for the personal gain or advantage of some other person is guilty of misconduct in office. (Example disclose government confidential information to help a family member or associate win a government contract).

Section 15. Disclosure of interest before debate in Parliament or voting.
A Member of Parliament or Minister who has a direct interest in a matter, NEC decision etc or new legislation where he, for his family or associate may benefit, must disclose his interest and the extent of his interest in the matter. After he discloses his interest he shall not take part in the decision or voting, (again to avoid conflict of interest).

Section 16. Agents.
If an act is committed by a person (wife, child, relative or associate) who is an agent of a person who is subject of the leadership code with his knowledge and approval then he is guilty of misconduct in office.

*****

To think with such strict leadership laws how did PNG get so corrupt??

In essence "Rule of Law" is merely a principle that all people and institutions are subject to and "accountable" to law that is fairly applied and enforced; the principle of government by law.

Hence without the key elements of enforcement and accountability laws are merely a principle documented on a piece of paper and to no effect. So the flaw lies not in the law but the lack of enforcement resulting in our leaders no longer being accountable.

*****

Back to the issue at hand, so the OC investigated the PM on allegations of misconduct in office in relation to his part for authorising and facilitating the K3 billion UBS loan. The OC found there was sufficient evidence to believe the PM conduct breached the Leadership Code.

So the OC referred the PM to Public Prosecutor, who is Chief State or Government lawyer whose job is to prosecute those who break the law.
In this case its alleged the PM has breached (broke) the Leadership Code laws.

So what are the allegations exactly??

I understand the conduct of the PM in facilitating the K3 Billion UBS Loan specific to his failure to comply with legal and administrative procedures.

Thus he allowed his public and official integrity to be called into question; and further entering into a transaction (UBS Loan) that gave rise to doubt in the public's mind as to whether the PM are carrying out his duties in the interest of PNG.

So then what will happen now??

Once the Public Prosecutor (PP) delivers the formal notice (letter) to Chief Justice requesting him to appoint a Leadership Tribunal. The CJ is required by law, under Section 81(1)(g) of Constitution to appoint a leadership tribunal to hear the allegations against the PM (by law meaning he cannot refuse).

The CJ will in the case of Prime Minister appoint an independent tribunal of three members one of which shall be a chairman of the tribunal. The tribunal members shall be made up of either:

(i) Judges or former Judges of the National Court of PNG;
(ii) Judges or former Judges of a country that has a similar legal system to that of PNG (Commonwealth Countries);

When Grand Chief Michael Somare was referred to the Leadership Tribunal back in 2010 for failing to file his Income Statement the CJ appointed three overseas judges to preside over the leadership charges against him. Because PNG Judges are appointed by the Prime Minister it seemed only proper to maintain independence the overseas judges be appointed. I suspect the CJ will do the same for Peter O'Neill. However I believe this time the CJ may appointed a PNG and two overseas judges most likely the Deputy Chief Justice Salika.

So will the PM be suspended from Office while his case is being heard by the Leadership Tribunal??

Short Answer is Yes.

Section 28 of Organic Law on Leadership Code states where a person is referred to a Leadership Tribunal the person alleged to have committed misconduct in office is suspended from duty.

In the past there has been conflicting rulings by the Supreme Court on when the suspension should take place. In the recent Supreme Court ruling in 2011 in relation to Grand Chief Somare's case the Supreme Court ruled the suspension takes place the moment a decision is made to refer a leader to a leadership tribunal. So the moment the PP writes to the CJ to formally refer the PM to the Leadership Tribunal he will be suspended from office by operation of law. This could be Monday or any time this week. In the Grand Chief Somare's case the Tribunal exercised its discretion under Section 142(6) of the Constitution and opted not suspend Somare on the grounds the offences were not serious. (administrative)

So what happens when the Leadership Tribunal is appointed???

Once appointed by the CJ which may take two weeks depending if they accept their appointment and are available to travel to PNG. The Tribunal will receive the statement of allegations and supporting evidence.

Section 27(4) of Organic Law on Leadership Code states a Leadership Tribunal shall make due inquiry (hear the evidence) without regard to legal formalities or the rules of evidence, subject to compliance with the principles of natural justice (to be fair).

Unlike Criminal cases where strict legal formalities and rules of evidence apply the accused can get off on technicalities relying on legal eagles or meddlesome lawyers. The standard his higher in criminal cases because if a person is convicted (found guilty) he maybe sentenced to prison. Unlike Leadership cases the accused if found guilty is only dismissed from office and barred from being elected or appointed to hold a leadership position for three years.

So what happens if the PM is found guilty and dismissed from Office??

If the tribunal finds that the PM is guilty of misconduct in office, it shall recommend to the Head of State being Governor General or GG that he be dismissed from Office.

If the misconduct in office is a minor offence the Tribunal will instead consider a fine or suspension. This was the case for Grand Chief in 2010 when he was found guilty for failing to file his income statements. Because it was not a serious offence and only administrative one the Tribunal recommended he be fine and suspended for two weeks without pay.

By law the Leadership Tribunal will then announce its decision to the public and send a copy of the decision to the Speaker as well as the National Executive Council (NEC).

So what's the difference to being "Arrested" versus being Referred to "Leadership Tribunal"??

A Leadership Tribunal is a much shorter process to remove someone from Office. From OC investigations to referral by Public Prosecutor and a Tribunal, a person can be dismissed (removed) from office in less than four to six months.

In a Criminal case it can take anywhere from 2 to 4 years. You have to physically arrest and charged the person unless they avoid arrest. Once charged they are referred to the District Court before the case is tried in the National Court. If he is found guilty and sentenced and decides to appeal/challenge the decision in the supreme court, this process can take another year.

Paul Tiensten is a prime example. Arrested in November 2011, convicted in November 2013, imprisoned in February 2014. He appealed his conviction and is awaiting the decision. By law he remains an MP until his appeal is determined by the Supreme Court.

Can the PM stall or delay or avoid being dismissed from Office??

He can try but the Supreme Court ruled that in Somare -vs- Ombudsman Commission case that if a person who is referred to the tribunal had a serious issue or concern he should raise those issues and concerns at the tribunal and if he was still aggrieved by the decision of the tribunal, he should immediately file for a judicial review of the tribunal's decision. In other words if the PM should file any proceedings to challenge his referral to the Leadership Tribunal the Courts may advise he raise those issues at the Tribunal hearing.

So will the PM be dismissed from Office by Leadership Tribunal??

In my opinion Yes. The central issue will come down to was the conduct of the PM misbehaviour or misconduct. The Supreme Court ruled misbehaviour refers to conduct which may be regarded as wrong and unacceptable and offends against accepted standards of social, moral and ethical behaviour which may be established by practice or convention, or by a Code of Conduct. Examples of misbehaviour or misconduct include unacceptable conduct in the workplace or outside of the workplace which do not befit the office occupied and includes unethical behaviour amounting to breach of any Code of Conduct.

In my opinion the conduct of the PM to approve the K3 Billion UBS Loan without following the proper legal procedures and manner in which he did is arguably unethical.

Can the PM challenge or appeal the decision of the Leadership Tribunal if he is dismissed from Office??

Yes, if the Tribunal rules against the PM he can apply for review of the decision in the National Court by way of Judicial Review. Very much the same process undertaken in the arrest warrant. However he will remain dismissed until the review his held. Bear in mind any such challenge will not be easy because unlike most cases that are heard by a single judge, a Leadership Tribunal is heard by three judges and in this case three highly experienced Judges.

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In my next article I will discuss the events that will follow the PM's suspension, his likely nominee to be Acting PM and his next likely successor.

By JASON K WAUGLE

Photo credit:  Céline Rouzet

Social media has sparked revolutions in other countries that brought down corrupt governments.   In PNG, the very least the social media will achieve is to bring down Guru Agiru, PNG’s clown governor by 2017, if not before. 

By PNG GOVERNMENT INSIDER

SELLING OUT PNG

LR Group of Israel, the company closely linked to Prime Minister Peter O’Neill, as outlined in previous PNG Blogs posts, has a colourful history of gun-running and money movements to finance its arms operations. It’s fledgling operations in PNG appear to mirror its long-running operations in Africa, notably Angola.

An international NGO Human Rights Watch says a subsidiary, LR Avionics Technologies, was behind an illegal gun-running operation to Angola in 2001, at a time when the country was embroiled in a murderous civil war. LR Group undeniably supplied weapons and other military equipment to Angola, and provided military advisors, training and other support, to the corrupt Government. LR Group’s gun-running operations were conducted while there were a number of United Nations sanctions and embargoes in place.

Although most of its clandestine arms shipments went undetected, one has been documented in detail when the company’s usually meticulous military-style planning failed. In a 2001 gun-running  incident, a plane carrying anti-tank rockets and other military equipment landed at Bratislava Airport in Slovakia, where the munitions were to be transhipped to a second plane bound for Angola. In a  2004 report, RIPE FOR REFORM, Human Rights Watch reported that “the plane was freighted for carrying the cargo by (the) company LR Avionics Technologies Ltd. It was LR Avionics Technologies Ltd who made the transportation arrangements for the cargo.”

The rockets were seized at Bratislava Airport, but the plane continued on its journey to Angola with other military equipment, according to Human Rights Watch. Other sources indicate that the plane landed at an Israeli military airport, with the blessing of the Israeli Government, and picked up more equipment bound for the Defence Forces of Angola. During a fuel stop in Tanzania, Government officials discovered undeclared weapons on board the plane, but the flight was allowed to continue.

The authoritative Israeli web site of the daily newspaper Haaretz  refers to LR Group as having sold weapons and other defence equipment to Angola including radar, unmanned aircraft and helicopters. Haaretz says the company also provided training and secret support, such as mapping services, aerial photography and satellite images. LR Group has also allegedly recruited former Israeli military members to work for the Angolan Navy and Air Force. Today LR Group , in addition to its other extensive commercial interests, has become a private army in Angola, according to news reports, with contracts to stop illegal immigrants from the Congo entering the country. It  has also been used to suppress workers’ unions.

The evidence uncovered by Human Rights Watch and others bears an uncanny resemblance to the events leading up to PNG’s Sandline crisis in 1996-97. LR Group has very close links to the Israeli military and intelligence system and is increasingly spreading its tentacles throughout the O’Neill Government. LR Group’s campaign, as detailed in a previous PNG Blogs posting, is spearheaded by Dr Jakob Weiss, a close confidant of and advisor to Prime Minister O’Neill.

Dr Weiss is the Israeli consul-general in Papua New Guinea, as well as being a long-time advisor to the Bank of Papua New Guinea and Team Leader of the Prime Minister’s Task Force in his takeover of the Ok Tedi mine. Dr Weiss is father of LR Group’s senior PNG representative Ilan Weiss. It is through Dr Weiss that LR Group wields significant influence over the Prime Minister and the central bank, and he is the major avenue through which the group is increasing its power and activities at the highest levels of the Government.

However its methods of doing as are highly questionable and as a result the company is one focus of an extensive PNG and international investigation into money-laundering which grew out of the original Parakagate scandal. These investigations, as shown by PNG Blogs, have extended directly into the Office of the Prime Minister, the Bank of Papua New Guinea, the Fly River Provincial Government, PNG Power Ltd, the Department of Treasury and other Government institutions.

LR Group was the prime player in the Prime Minister’s illegal purchase of the two mobile diesel-powered generators for PNG Power Ltd. This deal, in which millions of kina are being spent buying fuel, was the final straw that led to the financial collapse of PPL - and now the Prime Minister is pushing to reward LR Group by allowing it to purchase PPL. The illegal PPL deal resulted in a net benefit to LR Group of at least K10 million because of the way it was financed on the instructions of the Prime Minister, and the whole transaction is now being analysed. LR Group is also involved in other NEC-approved contracts, and contracts with the Western Provincial Government.

PNG investigative sources also believe Dr Weiss may have played a critical secret role in the UBS scandal, for which the Prime Minister has been recommended for a Leadership Tribunal by the Ombudsman Commission. Other investigations into this illegal deal for the State to buy shares in Oil Search Ltd are being carried out.

But it is in  the area of national security that LR Group is making its biggest push. Dr Weiss is not only Israel’s Consul-General in PNG, Prime Ministerial and central bank advisor, OTML Board Member and father of LR Group’s Ilan Weiss -  he is himself a former Israeli military officer.  And LR Group was set up and is run by three former Israeli air force officers, Roy Ben-Yami, Eytan Stibbe and Ami Lustig.

It is believed that the group is trying to extend its tentacles into PNG’s national intelligence system, including the Defence Force, the police and the National Intelligence Organisation. through the lobbying of Dr Weiss. Recently 15 soldiers and policemen and NIO officials went to Israel for specialist training, departing PNG under Mr Weiss’ watchful eyes. Prominent among them was the head of NIO, former chief police commissioner Garry Baki.

This follows a Joint Declaration signed between Mr O’Neill and his Israeli counterpart, Benjamin Nethanyahu, during Prime Minister O’Neill’s 2013 trip to Israel. Mr Weiss personally accompanied the Prime Minister on the trip.
Among other issues covered in the Israel meetings, Mr O’Neill said PNG had a lot to learn from the Israel experience and therefore sought assistance in the areas of defence, security and intelligence, national youth service, information technology and communications. Mr Netanyahu, following Mr O’Neill’s request, said Israel had long and established capabilities in these areas and willingly offered to deploy an inter-departmental delegation from Israel to PNG to discuss these matters and offer the relevant assistance specifically for defence, security and intelligence training and capacity building. There are persistent rumours that during his trip to Israel last year, hosted by Dr Weiss, the Prime Minister arranged a secret arms and support deal worth approximately $US500 million - this is said to be the springboard from which LR Group takes control of the national intelligence system. An unknown number of Israeli specialists are already in PNG laying the groundwork for control of the national security system.

PNG and Australian sources confirm that Prime Minister O’Neill has already told Australia to remove the Australian Federal Police operating in PNG - this would open the door to LR Group and the Israelis, all as part of a plan by the Prime Minister to set up a secret service at the top of the national intelligence tree - run by the Israelis. The Israelis, including specialist LR Group staff, would have access to all national intelligence including the Defence Force, NIO and the police. Communications monitoring equipment and expertise are covered under the deal signed between the two Prime Ministers last year.

Sources say the Israelis would also have access to the banking system, including private banks and the Bank of Papua New Guinea, the Investment Promotion Authority and the Internal Revenue Commission. High on their list of priorities is to control social media as quickly as possible and silence opponents of the Prime Minister, as well as monitoring NGOs,unions, politicians and business figures known to be opposed to the Prime Minister. They would report direct to the Prime Minister.

Australian sources  say LR group’s operations in PNG appear to mirror those being used in Angola. They say LR Group  is used as a cover in Africa by Israeli “non-commercial operatives”. It is also used as a cover for cash movements and possibly arms. Dr Weiss’ son Ilan lives in Mosman, a well-to-do suburb of Sydney. The Australian sources say it too is well-known as a cover for “non-commercial operatives” in Australia and possibly PNG.

By HENRY EPATA
Every single solution to the PNG Power Ltd woes that Peter O’Neill offers has the same bottom line:  a huge increase in power bill costs for all of us.   We already know with the BSP case study that once the new charges start, there will be no way to end nor reverse them.   We will find ourselves spending a fortune for our electricity, it will not be reasonably priced.  The writing is on the wall.  The government promises to PNG Power Ltd workers is a scam and any promises that privatising even 49% of PNG Power will keep our power bills stable are lies.

http://bougainvillenews.com/

http://lfongroka.blogspot.co.uk/

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