by BRYAN KRAMER

PNG Chief Migration Officer(CMO) Mataio Rabura has issued a travel ban against National Fraud & Anti-Corruption Directorate Australian based lawyers Greg Egan and Terence Lambert from travelling into PNG.

Mr. Rabura issued the directive on 8th September 2015 to all International Airlines and PNG Provincial Border Posts directing them not to uplift Egan or his junior Counsel Lambert to enter PNG. The notice stated in no circumstances are they permitted to allow Egan and Lambert into PNG and failure to comply with the instructions may result in a penalty fee imposed onthe airline.

Egan an Australian Lawyer has been practicing law in PNG since 1988 he is currently briefed out by Jema Lawyers to act for Director of National Fraud & Anti-corruption Directorate Mathew Damaru and his Deputy Timothy Gitua in a number of National and Supreme Court cases relating to the warrant of arrest against the Prime Minister. He also acts for Task Force Sweep Chairman Sam Koim challenging the Prime Minister’s NEC decision to disband the Anti-Corruption Agency back June 2014 which is listed for trial on 29th September 2015.

The decision by CMO to issue a travel ban against Egan comes after the failed bid by the Prime Minister, James Marape and Commissioner of Police seeking orders from the Court to prevent Jema Lawyers and Egan from representing Damaru and Gitua.

Jema Lawyers and Egan were successful in their Supreme Court (SC) application in March 2015 to join Marape's SC Appeal SC87. Marape filed the appeal proceedings challenging an earlier decision of National Court by Judge Kariko who refused Prime Minister and Marape’s application seeking interim stay order preventing members of Police Force from effecting their arrest in relation to the Paraka Lawyers scandal.

Marape and Prime Minister used SC proceedings to obtain an temporary stay order against their arrest pending the determination of the appeal. Damaru and Gitua then joined those proceedings and filed an application seeking orders the Court remove the temporary stay orders preventing them for arresting both Prime Minister and Marape.

Following the decision by SC to allow Damaru and Gitua to join Marape then filed a further appeal seeking to over turn that decision. The appeal was listed for hearing 2nd September 2015, However Commissioner of Police Gary Baki then filed a further application supported by Prime Minster seeking orders to prevent Jema Lawyers and Egan from representing both Damaru and Gitua in the proceedings. The Supreme Court dismissed Baki’s application raising concerns Baki was not coming to court with clean hands and serving the interests of the Prime Minister and Marape instead of the Police.

Following that ruling parties then argued Marape's appeal against the earlier decision allowing Damaru and Gitua to join the proceedings on 2nd September 2015. While the Supreme Court is yet to hand down its ruling the Chief Migration Officer (CMO) has gone ahead and issued a letter on 8th September 2015 preventing Egan and his colleague from traveling to PNG to appear at the proceedings.

Jema Lawyers acting for Egan and Lambert have filed Judicial Review in the National Court requesting the Court to review the decision of the CMO issuing a ban on their travel to enter PNG. They are seeking to invoke the Court's powers to quash (void) CMO’s directive. A Judicial Review is a legal process that is concerned with the decision making process rather than the decision itself.

Jema lawyers are challenging the decision based on the grounds it was done in bad faith to prevent Egan and Lambert from representing the Fraud and Task Force Sweep cases against the Prime Minister. Further the directive failed to comply with Migration Act therefore it is unlawful, void and to no legal force or effect. It is also “Ultra Vires” which is Latin meaning beyond one's legal power or authority, in that CMO exceeded his powers and acted without any lawful authority issuing a ban against both Lawyers.

Further still it’s a denial of natural justice insofar as the CMO failed to inform Egan and Lambert of the decision or afford them the right to be heard or respond.

Lastly based on “Wednesbury principle of Unreasonableness.” A legal principle where a decision is so outrageous in its defiance of logic or accepted moral standards that no sensible person who had applied his mind to the question to be decided could have arrived at it. The term was derived from 1948 English law case Associated Provincial Picture Houses Ltd. versus Wednesbury Corporation (1948) where the court gave three conditions on which it would intervene to correct a bad administrative decision, including on grounds of its unreasonableness.

Until the matter is determined at trial which may take several months if not a year Jema Lawyer have filed a motion (application) for an interim stay (temporary stop order) against CMO’s directive so they may continue to attend to several Court matters that are currently in progress.

This is not the first time O’Neill Government has acted in a deliberate and manipulative manner to achieve its own cause. In December 2012 Chief Migration Officer issued a similar directive against PNG’s infamous lawyer Greg Sheppard. When the story broke Prime Minister denied there was any deportation against Mr Shepard. Extracts from National Report include

Prime Minister said he was aware that there was a search warrant and an investigation under way into the management and disbursement of tens of millions of kina in a trust fund held by Sheppard’s Young and Williams Lawyers.

The Prime Minister said Sheppard had a fiduciary duty to reconcile for some K100 million [US$47.9 million] with which he was entrusted.
He said so far no report of any kind had been forthcoming and until that happened, investigations would continue.

In response Sheppard yesterday said: "I know there is no deportation order but they tried to deport me nonetheless."

He produced a copy of a letter purportedly written by Chief Migration Officer Mataio Rabura on Nov 18, instructing all airlines flying into PNG to ban uplifting into PNG of Greg James Sheppard.

The letter reads in part: "This serves to advise all international operating airlines that Mr. Gregory James Sheppard, an Australian national, is banned from entering PNG and that he is not to be uplifted into the country."

No reason was given for the advice.

Sheppard said that his firm had received K50 million [US$23.9 million] as lawyers for a trust account held under the name Inclusive Education for National Development for Community Trust.

"I couldn’t agree more with him (prime minister). If such a serious step as deportation is intended, the basis of the deportation should be known and stated with certainty. If there is an investigation into my trust account, I should be here in PNG to assist with that investigation and answer any questions that may arise, not deported without due process out of the jurisdiction.

"I do not know of any investigation into my trust account. This trust account, which incidentally is professionally managed by a certified practicing accountant and audited every year under the Lawyers Act, is also audited and cleared by an international auditing firm. I have not received any complaint into my trust account, and the government itself has never made any request for information.

"Until very recently the only correspondence I received concerning this fund was from an adviser named Dominic Diya in the Prime Minister’s Office who demanded large payments to himself from the fund."
He said details of every transaction was available and would be made available when an authorized request was made for it.

It is unclear what came of the investigations into Sheppard’s trust account whether he released the funds to the Prime Minister or why the travel ban against him was lifted. However ironically he now acts for the Prime Minister.

In November 2013 PNG SDP communications officer Mark Davis was deported back to Australia for publishing press statements by Chairman of PNGSDP Sir Mereke Morauta who was critical of Prime Minister Peter O'Neill's government decision to expropriate, take over the Ok Tedi gold and copper mine. It was believed the move by O’Neill was to take possession and control of PNGSDP's long term fund (PGK4.1 Billion) parked in an offshore Singapore account. The fund was set up in trust for Western Province people and used to address the environmental damage caused by mine after its closure and also ensure a financial future for the people. Following the decision Mekere filed proceedings in the Singapore Court to prevent O’Neill getting access to the funds concerned it would end up misappropriated or abused. PNGSDP is also fighting to have its shares in Ok Tedi Mining reinstated, and failing that, for compensation to be paid to PNGSDP by the Government. The matter is currently before the Singapore Supreme Court.

Following Mark Davis’s deportation Minister of Foreign Affairs & Immigration Rimbink Pato said that Mr Davis was deported because he had breached the conditions of his work permit and was issuing media statements on behalf of the PNGSDP which it considered to not be acting in the best interests of the country. In other words he was deported for doing his job and being critical the O'Neill's Government efforts to illegally takeover Ok-Tedi Mine.

In May 2015 O’Neill announced a ban against Australians from travelling to the Autonomous Region of Bougainville, following Canberra's announcement of plans to open a new diplomatic mission on the island.

On 2nd July 2015 ABC news reported Australian Foreign Affairs Minister Julie Bishop promised that Australia will not be a safe haven for the proceeds of corruption in Papua New Guinea, as police in both countries probe the role of Australian lawyers there.

"We take very seriously allegations that the proceeds of crime in PNG and the proceeds of corruption can be laundered in Australia," she said, noting that intelligence agencies and the anti-money laundering agency, Austrac, were closely involved in monitoring the problem. "We are working closely with PNG to ensure Australia is not a safe haven for the proceeds of corruption," she said.

Rather than pubically supporting the announcement by Bishop several days later on 31st July 2015 O’Neill instead announced a ban on all foreign advisers working for his government, claiming they make local staff lazy, and they could be spying.

He said "So our government has taken a deliberate decision that by the end of the year, all foreign consultants and advisers, their contracts will end by 31st of December." Mr O'Neill then took aim at one particular group of advisers — the 70-odd Australian Federal Police officers working to improve PNG's law and order situation. "If we need to recruit experts, it will be recruited by PNG government as an employee of the PNG government," he said.

Recently Prime Minister has reacted to reports by former Australian and PNG Treasury official and John Garnaut, Fairfax journalist raising serious concerns about the PNG economy by stating he has asked them to leave.

An important point is that while the Prime Minister believes he may possess the powers to issue a directive to deport or ban anyone who is critical of his leadership, directives that directly interfere with the administration of justice, matters currently before the Court may be seen to be contemptuous. It is also a criminal offence to defeat justice. It would be disappointing to see another head of the public service department foolishly mislead by Politicians to only end up being convicted of Contempt of Court.

To conclude one can only assume desperate times calls for disparate measures.

TWO SENIOR DETECTIVES INVOLVED IN PM’S ARREST WARRANT TERMINATED:


Two veterans of the Police Force have been unceremoniously terminated in circumstances not isolated to the current cases pending in court relating to the Arrest Warrant against Prime Minister Peter O’Neill.
Chief Inspector Timothy Gitua and Assistant Commissioner of Police Thomas Eluh who are two of the officers at the forefront of the investigations against PM O’Neill had been terminated. These are two officers who have been serving the Royal Constabulary with distinction for many years.

“We believe that the two officers had been vindictively penalised by the Commissioner of Police and his deputy.” We have reason to believe that this decision, though not surprising, is not an isolated act but one that, in the whole scheme of things, is tailored and coordinated to frustrate and defeat the pending court cases against the PM. Although we do not question the Commissioner’s powers to take disciplinary actions, we believe that the timing and circumstances under which the decisions are made is highly questionable:-

• The two officers are involved in the criminal and related civil cases against the PM,

• Many unsuccessful attempts were made previously to remove the two officers, Chief Superintendent Mathew Damaru and others.

• Lawyers representing PM & Co previously objected vigorously for Messrs Damaru and Gitua to be included as parties in PM’s arrest warrant related proceedings.

• Not too long ago, Lawyers representing PM & Co made yet another unsuccessful attempt to remove our lawyers from acting for Messrs Damaru and Gitua. On 28th August 2015, Justice Kirriwom dismissed the application, stating amongst others, that Messrs Damaru and Gitua were policemen performing their duty in the interest of the country.

• On 8th September, about 7 working days after the unsuccessful attempt in Court, our lawyers, Messrs Gregory Egan and Terence Lambert were banned from entry.

• Less than three weeks after, the two police officers are terminated.

We have turned the anti-corruption temperature on. Our cases are getting closer to completion and hence some people are feeling very uncomfortable.
We are seeking legal advice on this matter on the appropriate course of action to take.

by YAKAN LEPAKAILI

This country of Papua New Guinea is taken by storm and citizens must not be in laid-back mood but wake up to the realities and be proactive. Take heed of danger warning signs. Pay attention to resonating warning alarm bells reverberated across the spectrum and get the feel of an urgency of day and age in which we are living. All forces (political, economy & spiritual) are at work behind the scene ready to unleash and in whatever form or shape that might come, only our preparedness will withstand the onslaught. For we surely will pay for passivity and pay at a higher price should nothing is done to avoid the inevitability.

The ripple effect of absentmindedness will hit those in the middle bracket and below and will hit hard. Concern need to raise and be counted in the number for greater good.

In the gospel of Luke records a statement of Christ and it is paraphrased, “how hypocritical can you be to discern the wind direction and determine to be a hot day and it turns out as determined or using analytical skill to discern the appearance of earth and sky but yet determine not the present time (Luke 12: 55, 56)? There is paradigm shift in the spiritual realm blending with politics and economy. There somewhat appears relativity and by this I mean, looking good, feeling okay, sounding sense and nothing sinister to press the panic button so why bother. Let there be continuum of life whilst unbeknown forces working behind the scene to get us by storm without warning.

There is a startling statement by great apostle Paul alluding to the struggles of life is neither to do with flesh nor blood (tangible human) or political power, however, adversary is being dictated by powers that transcends beyond human powers (Ephesians 6:12).

What the Speaker of Parliament was aspiring to do in record time is nothing short of empowered by forces from a spiritual realm in disguise of giving exultation to God. Don’t be misled to the deception thinking that this is divine intervention. Speaker, as an elected member of Parliament, he is duty bound to maintain order and proceedings in Parliament, not donning two wigs, one as Speaker and other as clergyman.

At no time, he is to advance the cause of religious faith through the elected office using tax payer’s money. Using tax payer’s money pursuing the purposes of his religious faith is outrageously absurd. No thinking rationale person in his/her God given mind would do such a weird thing using public office and tax payer’s money advancing the cause of his religious faith disadvantaging others. Two can’t be amalgamated for both entities don’t share lot in common.

The written word of God is clear as crystal and between the pages, it admonishes, Christian should not serve two masters (Matt. 6:24, Luke 16:13). One can’t serve mammon and God at the same time. However, politician turned clergyman has become a celebrity and in the limelight for all the wrong reasons. Same is true with public servants and known figures public domain rise suddenly as clergymen sharing accolades as clergy.

Speaker’s action is well backed up by ruthless and totalitarian regime of corrupt O’Neil thinking that removing totems in Parliament and promoting and placing 400 years old KJV bible in Parliament will twist the arm of God to make Him favour them and right the wrongs of corruption riddled O’Neil regime.

With the carnal mind, full knowledge and intent of heart, devise schemes, place cronies in strategic positions and dictate to advance individual agenda and behave presumptuously promoting religion. Taking centre stage blending religion and politics can back fire and only the time will tell. God discerns every motive and intent of heart, according to Heb. 4:12 and we can’t make God to think like we do as human. For bible (Isaiah 55: 8,9) says His thoughts aren’t ours and our ways not His.

Practice of Christianity is a secret call and its sanctity must be maintained undiluted 24/7. There must be clear demarcation between secular institutions and churches of all faiths. As a guardian of religious sacredness, clergymen should not be rallying behind politicians or get in the assemblies of ungodliness. However, when it comes to religious practice, which is a private life and salvation is an individual matter. Not even the clergy will decide on the final destiny of men. That is a sole prerogative of God, never delegated.

In the context of narrative recorded in the bible (Luke 16: 16-18), a slave-girl having a spirit of divination met Paul, Silas and Luke (narrator), followed them and she kept crying out, saying, "These men are bond-servants of the Most High God, who are proclaiming to you the way of salvation." She continued doing this for many days. Paul was greatly annoyed, and said to the spirit, "I command you in the name of Jesus Christ to come out of her!" And it came out at that very moment.…
Religious sects flocking to Parliament in great numbers somewhat worries and intrigues. Naïve congregational members, in their limitation or stupidity and ignorance, on the heat of the moment, chanting for nothing better than wasted time and energy all for the glory of few advancing their own ends.

Parliament house belong to the people of Papua New Guinea. Theo is mandated by the people of his electorate but doesn’t have the same right to unilaterally reform Parliament by stubbornness and willy-nilly. Parliament is not the worship centre so, stay away and practice religious faith within the confines of your worship place.

When politics and religion combines, language (clergyman & politician) changes. Clergyman is laudable uttering carefully choreographed words into sentence impressing the politician anticipating a BIG thank you (material form) in reciprocation.

Public figures or public servants turned clergyman further adds to bewilderment. One has to undergo intensive training in a theological seminary college to assume the title Pastor or whatever title accorded and it is done on merit coupled with years of experience. Just because one has the ability and eloquence to articulate well in public, doesn’t qualify for the clergy title. Sad to say it’s becoming a norm in the Pentecostal movement and infiltrating into mainline churches and its losing the sanctity and this is the thing that is engulfing PNG by storm as alluded in the preamble.

No amount of prominence one takes in public arena will stay the cause of corruption. Placement of 400 year old KJV in Parliament is not the game changer or will bring desired resulted.

An individual must champion and become the agent for change. One must not conform to the world but be transformed by renewing of the mind according to Romans 12:2. A change is internalised and impacted by continued soul searching study of God’s word and prayer life. It isn’t one of event but continual for we are leaking vessels and require daily infilling of the Holy Spirit. Unless one experiences this, public prominence and marching in public is merely for fame and popularity and equates to nothing better than a show imparting false hopes.

I challenge those rallying including Theo Zurenouc reforming Parliament to take a second look at themselves yet again and read and re-read what it means to “Having the form of Godliness and denying the power there of (2 Timothy 3:5)”.

Supreme Court today dismissed the appeal by Minister of Finance James Marape challenging an earlier decision allowing Director of National Fraud & Anti-Corruption join the Supreme Court proceedings that issued a interim injunction against Marape and Prime Minister's arrest.

Marape's appeal to remove Damaru and Gitua was supported by the Prime Minister, Commissioner of Police and Attorney General and Paraka Lawyers. Damaru and Gitua were granted leave (permission) in March 2015 by Supreme Court Judge Terrence Higgins.

Supreme Court proceedings were initiated by Marape challenging an earlier decision by the National Court in July 2014 refusing Prime Minister and Marape's application seeking an interim stay order from the Court preventing Police from arresting them in relation to fraudulent payments to Paraka Lawyers.

After filing the SC proceedings Marape and Prime Minister then moved a further application asking SC to stay their arrest until the SC determines their appeal whether the National Court had erred in its judgement.

Once the stay orders were issued Marape failed to progress the proceedings. In March 2015 Damaru and Gitua then filed an application seeking leave to join as a party on grounds as they had sufficient interest in the proceedings as lead investigators into the fraudulent payments to Paraka Lawyers.

After joining those proceedings Damaru and Gitua filed an application to set aside the stay order and also assisted the Court by progressing the appeal book for substantive hearing.

Marape then filed an appeal challenging the earlier SC decision allowing Damaru and Gitua to join.

The Court heard appeal on 2nd September and today ruled to dismiss Marape's appeal confirming they have sufficient interest to challenge the stay order preventing the arrest of Prime Minister.

Damaru and Gitua may now move their application to set aside the stay preventing the arrest against the Prime Minister and James Marape.

by BRYAN KRAMER
 
The National Alliance Party convened its first formal caucus meeting on Saturday (26/9/15). The meeting was called by four party members led by former Attorney General Kerenga Kua and Grand Chief Sir Michael Somare to discuss the concerns about the state of the economy and whether it was in the Party's best interest to stay in Government going into 2017 National Elections.

Political insiders confirmed that Pruaitch met with Prime Minister Peter O'Neill the day before he agreed to the meeting. It was alleged Prime Minister put to Pruaitch in no uncertain terms if he fails to get NA's house in order they would be sacked from his Government. Senior Ministers close to the Prime Minister were openly boasting on the eve of the meeting Pruaitch would sack both Somare and Kua from NA.

The meeting was convened around mid-day and attended by the full 14 Members of NA. The motion was moved and seconded whether it was in the best interest to stay in Government. Each member then express their view, most opposing it raising fears of losing their Ministry and being in the Opposition would affect their chances of re-election. A vote was called and in the end motion was defeated 10-4. Four in favor of the motion were Grand Chief, Kerenga Kua, Jim Kas (Madang Governor) and Wera Mori (Chuave Open).

My post analysis being it is clear that the Leader of NA Party has close ties to Prime Minister confirmed by the fact in 2008 when he was suspended following his referral to the Leadership Tribunal he handed his Ministry of Finance & Treasury to Peter O'Neill. It is convention that when a Member of Parliament is forced to step down the Ministry is kept within his Party. However due to the close personal friendship between Pruaitch and O'Neill, for the first time in PNG's short political history Pruaitch instead entrusted the country's top ministry with his close friend Peter O'Neill. Even during the impasse when NA was cannibalised and their Party Leader and then Grand Chief Prime Minister position stolen from him by O'Neill, Pruaitch never came out public in the defense of Somare nor criticize O'Neill for it. In short he was caught between a rock and a hard place loyalty to his long time friend or his Party Leader.

The fact four members of NA more notably the Country's Founding Father and three time Prime Minister has supported a motion for NA to leave Government under Peter O'Neill definitely raises eyebrows in political circles. While Prime Minister would have hoped for an outcome resulting in Somare and Kua being kicked out of his Government there was no way other Sepik MP's would be foolish enough to facilitate such a move. It would have been evident to them that while leaving the Government would make their re-election more difficult, kicking out Somare would be political suicide. Furthermore Pruatich real political value lies in his position of being the Leader of the country's second largest political party his best position is for NA to remain intact affording him more political prominence and special attention from the Prime Minister.

Further the sacking of NA from Government would have immediately started the process of a change unraveling of the Governments coalition partners and his own Party.

In my view it wasn't the smartest political move for NA to leave Government, right now the issue isn't the Government but rather the man in charge of it. It is far more difficult to convince your team mates to leave their club (Government) and play against them in the opposition than it is to just lobby to change the captain of the team.

However it was the more noble and sensible position to take but the realty is that Members of Parliament today are no longer as honorable or credible as they were in the time of independence. Ministers of Government are paid K120,000 per annum asking them to risk the comfort of their position that comes with great perks and privileges including the prestige and sacrifice it for the interest of the people and country is no easy task.

The best outcome for the NA party is that it remains intact. Any difference of opinion was put on the floor and each afforded the right to express their view before putting it to a vote. The final result accepted by the members to stay with the Government. Perhaps the result would have been far more different had the motion been the need to change the Prime Minister.

It was interesting to read today's post courier report failed to raise any of the above issues. While some are have dispelled recent rumors take it from me there are certainly interesting times ahead.

by MICHAEL J. PASSINGAN
 
In a Minute dated 30/07/2015, controversial Police Commissioner Gari Baki wrote to his controversial Acting Deputy Commissioner Raphael Huafolo with the following contents:
“This is to reiterate my previous instruction to the National Fraud Squad Anti-Corruption Directorate.
No more Warrants of Arrests are to be obtained direct from the Courts.
All requests for Warrants of Arrest by Police are to be referred to you for vetting and approval prior to referral to the Courts.
Bring this to the notice of NFACD. Breaches will result in departmental action taken against officer concerned.”

This minute is believed to have been circulated to all the Police throughout the country as there are fraud and corruption divisions and officers in all the provinces.

PNG Blogs approached a prominent lawyer who has been practising law since the early 1990s and the lawyer bluntly said “unconstitutional and corruption at the highest level.”The lawyer said “apart from the current role the Commissioner is playing to protect the Prime Minister and other senior people from imminent arrest, he has clearly stepped out of line. Section 197 of the Constitution gives powers to each police officer to arrest and charge anybody suspected of committing a crime. The Arrest Act supplements the Constitution by providing conditions upon which a person can be arrested and they are when the police officer reasonably believes that a person (1)has committed an offence; (2) is committing an offence and (3) is about to commit an offence. Some crimes under the Criminal Code such as Official Corruption require warrant before an arrest.

There is no provision for the police officer to consult the Commissioner or his deputy before the arrest. How can a police officer in Samarai, sees someone committing an offence but cannot do anything about it because he has to seek approval from the Commissioner or his deputy? So does that mean that the Commissioner and his deputy will now spend their time to vet all requests from all the 4000-5000 police officers’ requests instead of running the Police Department?
Legally and Practically Absurdity!!!!!”

More is coming soon on the Commissioner of O’Neill, All thinking Papua New Guineans should revolt and rise up for the Commissioner of Police to Step Down. He has converted the Corruption fighting institution into supporting corruption. This cannot happen under our watch.
 
Another senior citizen former bureaucrat commented “Unheard of! The Commissioner of Police has converted the Constitutional independent anti-corruption fighting corruption into an institution supporting corruption. He has to Go!”

The minute is attached.

by BRYAN KRAMER

I have observed countless comments on social media over the past twelve months by individuals accusing Digicel of stealing from them. However they couldn't really explain why or how it was being done. I also noted a number of instances where credits on my own phone seemed to vanish into thin air. So I decided to take time out from my rather busy schedule exposing and deposing corruption of public funds to look into whether there was any truth in the allegations that Digicel has been stealing from it's customers.

What I uncovered was quite concerning, rather serious allegations that Digicel has committed deceptive and unfair practice of defrauding it's pre-paid customers who subscribe to their Mobile Data Plan Service.

Digicel PNG provides Mobile Data Service to its pre-paid customers. It offers a number of subscription data plans,

Data Plan Data Size FEE Validity Keyword Code MB Rate

Auto Pass 10MB 99t 24 Hours Auto 1689 0.099
Hour Pass 30MB K1.00 1 Hour Hour 1634 0.033
1 Day Pass 60MB K3.00 24 Hours 1D 1634 0.050
3 Day Pass 190MB K10.00 3 Days 3D 1634 0.053
7 Day Pass 450MB K20.00 7 Days 7D 1634 0.044
14 Day Pass 700MB K30.00 14 Days 14D 1634 0.043
30 Day Pass 1500MB K65.00 30 Days 30D 1634 0.043
Mega Pass 1.9GB K80.00 15 Days MEGA 1634 0.042
Super Pass 5GB K200.00 30 Days SUPER 1634 0.040
Jumbo Pass 9.5GB K300.00 30 Days JUMBO 1634 0.032

To subscribe to this data service customers SMS (text) a keyword to the a short code (1634). Example I normally subscribe to a 7 Day Plan 450MB at K20.00 by texting the keyword "7D" to +1634. I would then normally receive an SMS (text) response from Digicel in the following terms.

"You now have 450MB of data, valid for 7 days. To Check bal dial *130#. Try the Social Pass & get Free Facebook, Instagram, Twitter & PNG Loop.Dial *170#"

The 7 Day plan works out to 4.4 toea per MB (Mega Bite) of data, calculated by dividing K20.00 by 450MB. The last column shows the rate per MB under each plan. The most expensive plan per MB being Auto Pass 9.9 toea and lowest being the Jumbo Pass at 3.2 toea per MB. So if you use alot of data or time on the internet the best plan would be to go for Jumbo Pass (3.2 toea) although most people don't have a cool K300.00 balance on their phone so most will stick to 1, 3 or 7 Day Plans.

When you get down to 20MB under your plan Digicel will send you a text message stating

"Your 7 Day Pass has 20MB remaining. To get free Facebook, opt-in now to Social Pass Dial *170#.

Up to this point everything is straight forward, Digicel advertises to it's customers its pre-paid data plans, disclosing the rates and MB (Mega Bites of Data) per plan.

If you don't use up the data within the plan period (e.g. 7 days) you lose the data and forced to renew. If you use up all your data before the plan period expires you will receive a notification (text message) from Digicel that your data is about to expire. The message is in the following terms:

"Your 7 Day Pass has 20MB remaining. To get free Facebook. opt-in now to Social Media. Dail *170#"

It gives you the option to let it expire, renew or choose another plan if you don't have sufficient credits on your phone to renew.

Now this is where it gets interesting, what Digicel failed to disclose to you is that once you subscribe to a plan and it expired the subscription doesn't end there but your plan changes to a "out-of-bundle data plan" where you are charged a whopping 49 toea per MB which is taken straight from the balance of your phone and keeps charging you until your balance is used up. Of course this was all done without your knowledge or consent. How could you have possibly known it's not like Digicel has advertised this fact to in its data plan promotions or even included it in its terms of conditions.

For me on a 7 Day Plan meant I went from being charged 4.4 toea per MB to 49 toea a 1,103% price increase.

So where did the 49 toea out-of-bundle rate come from? Digicel website advertises the rate. Although when I inquired with Digicel Customer Service by dialing "123" they claim the out-of-bundle rate is 19 toea. Because Digicel failed to openly disclose or make known these charges to its customers or under its data plan promotion it's impossible to know for certain.

So for most Papua New Guineas who will buy a K3 or K5 credits to top up their phone and buy a 1 hour or 1 Day data plan/pass only 60MB once their data is used up the charges don't stop but sky rocket to 49 toea and deplete whatever balance is left on their phone in what seems like minutes. They are left confused and extremely frustrated failing to understand what happened to all their credits. Hence why many accuse Digicel of stealing from them.

In my case I normally purchase K100 credits at anyone time and then subscribe to 7 Day plan for K20.00 giving me 450MB of data and leaving me with a K80 balance, because I spend a lot of time on social media 7 Day Pass may finish within two or three days and if I forget to renew my plan Digicel will start to deduct 49 toea per MB from by K80.00 balance and will only stop charging me when the credits on my phone are all used up leaving me with K0.00 balance and 0 MB. This has happened to me on numerous occasions leaving me quite annoyed. A family member topped up their phone with K200 and when he tried to access the internet outside a plan his K200 was whipped out in an hour. I called Digicel Customer Service to make a complaint the Customer Service Operator claimed someone from their technical team would call me back, of course that never happened.

What people don't realise that any deceptive practice is a violation of our consumer rights. Consumer Affairs Council Act 1993 provides for the regulation of goods and services to consumers and the protection of consumer interests. Under the Act the State recognizes that consumers, have the following rights:
(a) right to safety;
(b) right to choice;
(c) right to consumer education;
(d) right to information;
(e) right to representation;
(f) right to redress

It's my view this Digicel's practice of charging its customers out-of-bundle service without their knowledge or consent violates our consumer rights to choice and information

Digicel customers don't understand the nature of the transaction they made no effective effort to explain it. Its customers could not exercise a proper choice because the charges were done without their knowledge or consent.

Digicel introduced the Data plan back in 2013 so one can only image the amount of hidden charges they have profited from under this alleged deceptive scheme.

In the commercial industry hidden charges are referred to as "BAIT & SWITCH" It is a form of fraud through false advertising or deceit in sales. First, customers are “baited” by advertising products or services at a low price but then the price is different; or the product or service is completely different then what was represented. Individuals who have suffered damages from bait and switch tactics may file a civil lawsuit based on fraud or a violation of consumer protection laws.

Recently in United States second largest mobile telecommunications company AT&T was recently forced to enter into an out of court settlement of USD$105 million or K304 million. The company was accused by the US Federal Trade Commission (FTC) for allegedly charging their consumers for third-party subscriptions or services that they never ordered or authorized. Many consumers weren’t aware they had been paying up to $9.99 per month for seemingly random horoscope text messages, flirting tips, celebrity gossip, wallpaper or ringtones that showed up on their phones.

According to the FTC, there was no way AT&T customers were able to know about the charges nor did AT&T make it easy for them to know. FTC complaint alleges the phone bills sent to consumers were deceptive because the company lumped together all the charges to make it look like everything was related to AT&T’s mobile phone services. So when a consumer saw the overall balance due, the hidden charges were hard to detect. The terms of the settlement included that AT&T were forced to refund its customers the hidden charges and further ensured they first obtained their customers consent before billing them 3rd party charges.

Coincidentally since making inquiries into this issue Digicel has now ended the practice of applying out-of-bundle charges to customers who subscribe to its data plan service. As of two weeks ago when your data plan expires instead of applying out-of bundle charges is has now adopted the practice of plan auto renewal, also giving the customer the option not to renew. When your data plan is about to expire Digicel will now send you the following message;

"Your 7 Day Pass has 20MB remaining. Dail *777# to buy another 7 Day Pass; any unused data will rollover to your new pass."

When it expires the following message will be sent;

"You have now fully consumed your data pass allowance. Dail *777# to buy another pass."

To stop your data plan from auto renewing you have to dail *777#, a menu will appear providing one of five options. Option 4 to "Stop Auto-Renew."

You will receive a text message stating: "You have successfully stopped auto-renew for 7 Day Data Pass. Dial *777# to purchase a different pass, or to check balance."

While this recent change in practice is encouraging it doesn't in my opinion change the fact that Digicel has deceptively profited from it's customers by secretly charging them at out-of-bundle rates without their knowledge or consent and such profits should be refunded back to them.

I also note that Digicel came under fire recently for allegedly adopting the practice of charging its customers 12 toea for every unanswered call. In the past Digicel introduced an pre-recorded voice message advising its customers that they could leave a voice message after the beep but would be charged for it. Thus giving the customer the option to avoid any unnecessary charges by ending the call before the beep. They have removed the voice message and the beep is now applied without notice. However it has now changed this practice only after it received public wide criticism on social media and an article by Deputy Opposition Leader Hon. Sam Basil threatening to raise the issue on the floor of Parliament. However if you call someone who subscribes to Digicel voice mail service you will still be charged 20 toea after the peep.

Again although it's encouraging that Digicel has taken corrective measures the question remains how much did they profit while this alleged deceptive practice was in service?? Surely they must have known what they were doing was wrong, unfair and deceptive?

So what now?? Well while I can't pursue criminal cases against corrupt politicians " as yet" I can pursue class action lawsuits against multi-million multi-national companies who profit from deceptive Bait & Switch" practices in PNG.

To remedy alleged injustices committed I now wish to put Digicel on notice that they have 30 days to review and refund all it's customers who were unjustly charged and their consumer rights violated.

Should they fail to comply then in the interest of public policy I will travel the width and breath of PNG to sign up any and every Digicel customer from the village, settlement, bus stop to the office block who believe Digicel has violated their consumer rights to initiate the largest class action lawsuit in this country's history.

by BRYAN KRAMER

DISTRICT COURT REFUSES TO HEAR APPLICATION FOR WARRANT OF ARREST AGAINST DAMARU, GITUA & THEIR LAWYER.

This morning Officer-in-charge of Special Police Internal Investigation team Inspector Jacob Ivaroa set up under the authority of Commissioner of Police appeared in District Court before Senior Magistrate Cosmar Bidar seeking three warrants of arrest against Director of National Fraud & Anti-corruption Directorate Mathew Damaru , his former Deputy Timothy Gitua and their Lawyer McRonald Nale of Jema Lawyers.

Inspt. Ivaroa filed the motion yesterday (Wednesday 30/9/15) seeking the warrants of arrest against three gentlemen on the charges they committed perjury, a criminal offence under Section 121(2) of the Criminal Code

The provision states that perjury is a person who in any judicial (court) proceeding, or for the purpose of instituting any judicial proceedings, knowingly gives false testimony concerning any matter that is material to any question then depending in the proceedings or intended to be raised in the proceedings, is guilty of the crime of perjury.

Section 121 s(7) states A person shall not be arrested without a warrant.

For this purpose Police can not arrest Damaru, Gitua or McRonald on the charge of perjury without first obtaining a warrant (order from the District Court).

Ivaroa filed information before the District Court alleging that Damaru, Gitua and Nale committed perjury when they gave false testimony in relation to the contempt of court proceedings brought against Baki currently before the National Court. Damaru and Gitua filed contempt proceedings against Baki claiming he perverted (interfered) the course of justice after he allegedly consented (agreed) to stay (stop) warrant of arrest against Secretary of Treasury Dairi Vele. McRondald Nale also named in the warrant of arrest is Managing Partner of Jema Lawyers who represent Damaru and Gitua in those proceedings.

The Damaru and Gitua are the lead investigators pursuing the warrant of arrest against the Prime Minister in relation to the alleged fraudulent payments to Paraka Lawyers.

Baki terminated Timonthy Gitua on 28th September 2015 on disciplinary charges leaving Damaru as the sole plaintiff.

It's reported that Magistrate Cosmos Bidar refused to hear the application moved by Ivaora and instead adjourned (referred) it to the Court Registry because the issues and charges related to proceedings that are already before the National Court. Further he said the case was also in relation to the warrant of arrest for Treasury Secretary Dairi Vele which is pending before him in the District Court.

PNG Loop reported that Bidar explained that the matter against Vele will return for hearing on October 22 and said it was appropriate Vele’s application to dismiss that warrant of arrest against him is dealt with first before the application for the warrants of against Damaru, Gitua and Nale are heard.

Last week the Chief Migration Officer issued a travel ban against Damaru and Gitua Australian based lawyers Greg Egan and his Counsel from entry PNG to represent their clients. Baki then terminated Gitua from the Force leaving Mathew Damaru to pursue the cases against Baki and Prime Minister.

Political informants are alleging that the arrest against Damaru was deliberate in the guise (hidden agenda) to sideline Damaru and removing him for the existing cases against the Prime Minister.

It's important to note following the warrant of arrest issue by District Court Baki made public that all further warrants of arrest must seek his explicit consent. Based on those directives Ivaroa could not have applied for warrants without Baki's consent or knowledge. Regardless the efforts to arrest Damaru, Gitua and their lawyer has failed for now.

by MICHAEL J PASSINGAN

Incredible as it may seem, existing evidence with the Investment Promotion Authority (IPA) indicates that three foreign female friends of the Prime Minister Peter O’Neill have falsely claimed to be Papua New Guinean by Nationality or they have knowingly allowed false information regarding their Nationality to be wrongly registered with IPA – perhaps deliberately for the purpose of carrying on certain activities in Papua New Guinea - without due regard and compliance to existing laws and regulations; and possibly for the avoidance of paying certain fees such as high work permit fees (per annum) to the Department of Labour and Industrial Relations in Port Moresby.

Under the Investment Promotion Act 1992 consolidated to No 3 of 2004, ““foreign enterprise" means an enterprise which is not a national enterprise or a citizen; and “"national enterprise" means an enterprise more than 50% of which is owned directly or indirectly by a citizen,…”. This means that if foreign ownership of an entity such as a company or business operating in PNG exceeds 49% then the shareholders or owners of such an enterprise must obtain certification with IPA as a Foreign Enterprise. The bottom line is that foreign nationals operating business in PNG require certification - whether it be for a “foreign enterprise” or a “national enterprise”. In certain cases exemptions can be applied for and obtained such as for charitable purposes.

Laws applicable to foreigners doing business in PNG are indeed very strict. Foreigners who provide false or misleading information (without reasonable excuse) should be prepared to pay up to K50000 if caught and found guilty under Section 43 of the Investment Promotion Act. Making a false statement in the form of a false Statutory Declaration is also an indictable offence in PNG and any offender if caught is ‘liable to imprisonment, with or without hard labour, for four years’. Non-compliance or failure to comply with PNG’s Investment Promotion laws may result in very high fines and or jail time being imposed on offenders.

For example: ‘A foreign enterprise and an officer or owner (however described) of a foreign enterprise which or who—carries on business without a certificate’ may incur a Penalty of “A fine not exceeding K100,000.00”; or a Default penalty of “A fine not exceeding K10,000.00 for each day the offence continues”. There is also a General penalty whereby: “An enterprise which or who commits an offence against this Act for which no penalty is provided elsewhere in this Act is liable to a penalty of a fine not exceeding K25,000.00 or to imprisonment for a term not exceeding two years, or to both such fine and imprisonment, and where the offence is a continuing one, is further liable to a default penalty of a fine not exceeding K2,500.00 for each day during which the offence is committed after conviction.”

Remember, in August this year, when the news broke that a foreign owned company Think Creative Management Limited had been awarded a massive sum of K50 million to organize the 40th Independence Anniversary Celebrations on September 16th? How much public funds ended up being paid to Think Creative Management Limited? And how exactly is Think Creative Management Limited linked to the Prime Minister Peter O’Neill? Here are some facts: Think Creative Management Limited is registered with the Investment Promotion Authority as a company with 3 shareholders. IPA records show: Director & Shareholder 1, Ni Cragnolini, is registered as holding 40 shares (40 percent) and her Nationality is registered as “Chinese”. IPA records show that Director & Shareholder 2, Sylvester HUTA, is listed as holding 20 shares (20 percent) and his Nationality is registered as “Papua New Guinea”; and Director & Shareholder 3, Michelle Monsour is registered as holding 40 shares (40 percent) and her Nationality is registered as “Australian”.

As per a search with IPA, Think Creative Management Limited, a company with a total number of 100 shares, which was incorporated under the Companies Act 1997 on the 5th of October 2013, of which Michelle Monsour is also the Secretary, is not registered with IPA as a Foreign Enterprise. Both Ni Cragnolini (54 years old) and Michelle Monsour (48 years old) consented under the Companies act 1997 to be shareholders of Think Creative Management Limited on the 1st of October 2013 when they signed Form 4 which clearly stipulates their Nationality as “CHINESE” and “AUSTRALIAN” respectively. So what exactly is Prime Minister Peter O’Neill’s “relationship” with Ni Cragnolini and Michele Monsour? On Saturday the 3rd of August 2013, “PM O’Neill Foundation” threw a big “Charity Gala Dinner” at Dynasty restaurant - “in front of 550 people” - at which Australian singer Tina Arena and Australian TV commentator Richard Wilkins entertained the crowd to help raise funds ‘to build over 1000 wash houses throughout PNG’.

O’Neill’s dream and legacy to PNG was his ‘Haus Was Was’ (bath house) project.  “It is my dream to create a clean and healthy environment for our people…Project WASWAS is my Legacy”…Prime Minister Peter O’Neill is quoted as saying on his website at http://www.pmoneillfoundation.com/. The website also claims “This Foundation has no political links, no political funding and more importantly, it is all about one mans desire to give back to a nation that has given so much to him...Prime Minister Peter O'Neill.” “The night raised K3.868 million Kina to go towards helping the people of Papua New Guinea.”

No political links and no political funding? O’Neill’s own political party People’s National Congress was listed as a sponsor on his website: Many State Owned Enterprises (Statutory Authorities) were also listed as sponsors as well as private sector companies and one diplomatic mission – such as:  National Gaming and Control Board, Telikom PNG, Air Nuigini, PNG Power, MRDC, PetroMin, Motor Vehicles Insurance Limited, NBC, BSP, Papua New Guinea Sports Foundation, Institute of Business Studies, Embassy of the People’s Republic of China, Inter Oil Corporation, Oil Search Limited, L& A Construction, Curtain Bros, Hebou Construction Limited, JJ Construction, Global Constructions Huawei, Papindo, Freeway Motors,  SP Brewery, Trukai Rice, Lae Biscuit Co Ltd, Steamships Trading Company Limited, Starland Freezer, Digara, JMart, WR Carpenter (PNG) Group of Companies, Remington and People’s National Congress Party.

“The PM O’Neill Foundation” was not even an officially approved registered entity at the time! And wait for it! The ‘Registration Date’ for the association “The PM O’Neill Foundation” shows ‘2 October 2013’ and the person who applied to register it as an association is none other than Australian woman Michelle Monsour - however this time her nationality is listed with IPA as “Papua New Guinea”. She is twice listed as being “Papua New Guinea” by Nationality - as the Person submitting Notice and as the Applicant in 2013. Remember, Michelle Monsour signed on the 1st of October 2013 attesting to being AUSTRALIAN by Nationality when she consented to be a shareholder of Think Creative Management Limited. Evidence with IPA (Filing Date 23-May-2014 08:44:41) shows that Michelle Monsour also certified to being a Papua New Guinean by Nationality when she answered “Yes” to the following: “I certify that all the information entered and/or uploaded is true and correct.”

Michelle Monsour also swore to a Statutory Declaration – “Declared at Boroko NCD This 10th day, of March, 2013” before a Commissioner of Oaths by the name of Christopher Kup-Ogut (Lawyer No. 1404): “All the information contained in Form 2 – Application for the Incorporation of an Association dated 9th December, 2013 (PM O’Neill Foundation) under the Association of Incorporation Act are in (sic) true in fact and substance.” Note her Statutory Declaration is dated the 10th day of March 2013. The falsity in Michelle Monsour’s Statutory Declaration is the date it was purportedly declared plus the name “PM O’Neill Foundation” was three times declared to in her Statutory Declaration. This is very misleading and very deceptive because “PM O’Neill Foundation” is a separate entity registered as a business name.

“PM O’Neill Foundation” with an almost identical name to the association called “The PM O’Neill Foundation” is registered with IPA as a business and the owners of “PM O’Neill Foundation”, whom are listed with IPA, are Peter O’Neill and Ni Cragnolini. And this time Ni Cragnolini’s Nationality is registered as “Papua New Guinea”. Surprise, surprise! Concise description of nature of Peter O’Neill’s business “PM O’Neill Foundation”: “TO RAISE FUNDS FOR CHARITY”. There is no evidence to indicate that Peter O’Neill’s business “PM O’Neill Foundation” is registered as a Foreign Enterprise nor as a National Enterprise. Not surprising considering that Ni Cragnolini is registered with IPA as being a Papua New Guinean owner of this business together with Peter O’Neill, despite the fact that she attested to being CHINESE by Nationality on the 5th of October 2013 when she consented to be a shareholder of Think Creative Management Limited!

However, only one applicant is listed in Form 1 - the Application for Registration of Business Name PM O’Neill Foundation, and that’s Peter O’Neill who signed the Form which was approved by the Registrar on 19 July 2013. Ni Cragnolini is described in the Form (dated July 15, 2013 and lodged by Mangkum Limited) as “resident agent”. Commencement Date given for business activities: 1 August 2013. Three days later the ‘Gala Charity Dinner’ was held at Dynasty Restaurant. So all these sponsors may have in fact donated substantial sums of money (amounting to “nearly K4 million”) to a private business owned by Peter O’Neill and which according to IPA records is also owned by Ni Cragnolini – who is believed to be a Chinese National who has pretended to be a PNG National for the purpose of owning a business with Peter O'Neill the Prime Minister of PNG without complying with the laws specifically relating to foreign enterprises and certification. How many of the Prime Minister’s 1000 ‘dream legacy’ ablution blocks have been built to date from the nearly K4 million raised?

Another foreign female friend of Peter O’Neill’s who is also strongly suspected of breaching PNG laws is his lawyer Tiffany Twivey who is believed to be an Australian citizen originally from Australia who practices law in PNG under her business Twivey Lawyers – but wait! Tiffany Twivey publicly claimed last year that she is a Papua New Guinean lawyer. Maybe she did not like being described as ‘an Australian lawyer’ in an article published on PNG Blogs, because she publicly declared. “Point of Order - I'm a Papua New Guinean Lawyer - if the writer cannot get that one basic fact correct - the rest looks pretty much like fantasy - of someone whose mind is firmly in the gutter !”

Tiffany Twivey told an inquiry last year that she started practicing law in Papua New Guinea in 2002. The full name of this inquiry is: COMMISSION OF INQUIRY INTO THE PROCESSES AND PROCEDURES USED TO BRIEF OUT MATTERS TO LAW FIRMS AND LAWYERS AND THE PROCESSES AND PROCEDURES FOR PAYING PUBLIC MONEYS TO LAW FIRMS IN PAPUA NEW GUINEA. The Commissioner to the Inquiry was ‘Mr Justice Warwick Andrew, C.B.E., C.R.H’.

She is on record as telling John Griffin (QC), the senior counsel assisting the Inquiry, on Wednesday the 26th of November 2014, “When I say I was admitted to practice in 1992, I was admitted to practice in Tasmania in 1992, into Queensland in ’97 and in Papua New Guinea for the first time early 2002 but I have been a practising lawyer for 22 years.”
John Griffin asked her “And how long have you had the practice, Twivey Lawyers?” Tiffany Twivey replied “Twivey Lawyers has been there since July 2011 but it actually just simply changed names. The actual practice went from Tiffany Nonggorr Lawyers to Nonggorr William Lawyers in 2009 - 2007 to 2009 - and then in 2011 I commenced practice as Twivey Lawyers - July 2011.”

That information is not completely true. So what are the facts? Tiffany Twivey applied on the 6th of May 2011 for registration of a business name called Twivey Lawyers. Her application for registration of the business name was approved by the Registrar of Companies Alex Tongayu on the 16th of May 2011. The Registrar of Companies is also a Director, who is one of ‘five senior managers’. who is supposed to do due diligence and report to the Managing Director of the Investment Promotion Authority. The ‘concise description of nature of business’ that was provided in the application by Tiffany Nonggorr (aka Tiffany Twivey) is “LEGAL SERVICES”. In her application, in which she was the sole applicant, her name is registered as Tiffany Nonggorr and her nationality is registered with IPA as “Papua New Guinea”.

On the same day - the 6th of May 2011 when she applied to register Twivey lawyers - she also filed a notice of cessation of her previous business known as ‘Tiffany Nonggorr Lawyers’ which she originally applied in 2008 to have registered and which was approved by the Registrar and registered on 18 February 2008. The date of commencement of business activities under her business ‘Tiffany Nonggorr Lawyers’, which has since been removed, was 1 March 2008. Her nationality was also registered for this business as “Papua New Guinea”.

On the 31st of August 2009 Tiffany Twivey and one other person named Ray William, who is registered with IPA as a Papua New Guinean, applied to register Nonggorr William Lawyers as a business name. Once again her Nationality is registered as “Papua New Guinea”. The current entity status of this business with IPA is registered. If Tiffany Twivey is a Papua New Guinean citizen as she claimed back in February 2008, then why does she have another entity called “TIFFANY NONGGORR TRADING AS TIFFANY NONGGORR LAWYERS (92106)” with Foreign Certification?

The Investment Promotion Authority lists that particular entity status as “Certified” under Foreign Certification Status with the Registration Date being “16-Apr-2008”. Yet around two months prior to this, on the 18th of February 2008, her previous business known as ‘Tiffany Nonggorr Lawyers’ was approved and registered - under which her nationality appears as “Papua New Guinea”. Remember also that on the 6th of May 2011 she also filed a notice of cessation of her business known as ‘Tiffany Nonggorr Lawyers’ and that business ceased trading.

Tiffany Twivey also has a company called “TWIVEY ADMINISTRATION SERVICES LIMITED (1-78043) [Local]” which formerly was named CHAMPION NO. 69 LIMITED - a shelf company incorporated on 10 March 2011. On the 29th of June 2011, a Steven Kami (registered Nationality: TONGAN) ceased being secretary and director of this shelf company CHAMPION NO. 69 LIMITED and transferred his shareholding to ‘Tiffany Gaye TWIVEY’. Also on the 29th of June 2011, Tiffany Gaye Twivey signed Form 15 ‘Consent and Certificate of Director (Existing Company)’ in which her Nationality is clearly typed AUSTRALIAN - in big Capital letters. In the filings for this company her Nationality is registered as ‘Australian’ at least three times – as a Director, Secretary and Shareholder. She signed each form! However just thirty five days earlier – on the 6th of May 2011 – she applied to register Twivey Lawyers as a business in which her Nationality is registered as Papua New Guinean!

An application to change the name of the company CHAMPION NO. 69 LIMITED was made on the 29th of June 2011. The name change was approved on 30 August 2011. The odd part is that according to Investment Promotion Authority records this company – under either the previous or current name - does not have Foreign Certification. It does not appear to be registered as a Foreign Enterprise although Tiffany Twivey’s Nationality is registered for this company as Australian and she is the sole shareholder. If there is no evidence to prove that she has Foreign Certification or an exemption for this company then she is definitely in breach of the Investment Promotion Act.

If Tiffany Twivey does not have a PNG passport she has, depending on the evidence with the Investment Promotion Authority and elsewhere, broken the laws. If she does have a PNG passport and did not renounce her Australian citizenship and still retains an Australian passport then she has still broken the laws. Although she may meet the criteria to qualify for PNG citizenship by naturalization, if she does have a PNG passport which has been obtained improperly or illegally then it must be confiscated from her immediately under the Passports Act.

Let’s recap, in 2008 Tiffany Nonggorr (aka Tiffany Twivey) was registered with IPA as being Papua New Guinean yet she only started practicing law in PNG in 2002 after she moved to PNG from Australia. One of the requirements for a foreigner to be granted PNG citizenship by naturalization is that a foreigner must have resided permanently as a resident in PNG for eight years consecutively. In 2009 she was registered with IPA as being Papua New Guinean. In 2011 she was registered with IPA as being Papua New Guinean but in 2011 she claimed to IPA that she is Australian. In 2014 she also claimed on PNG Blogs to be ‘Papua New Guinean’.

Under her business TWIVEY LAWYERS plus under Nonggorr William Lawyers – both businesses which are still operating she is registered as Papua New Guinean, and under her company TWIVEY ADMINISTRATION SERVICES LIMITED which is still operating she is registered as Australian. So which one is it? She legally can’t be both. The same applies to the Chinese woman Ni Cragnolini and the other Australian woman Michelle Monsour. At this point in time as per the laws of PNG, legally these women are not entitled to hold dual citizenship.

These three foreign female friends of Peter O'Neill must be thoroughly investigated and held accountable by PNG authorities such as Investment Promotion Authority, Internal Revenue Commission, Immigration, Foreign Affairs, Department of Labour & Industrial Relations, National Fraud & Anti-Corruption Directorate, Criminal Investigation Division, Transnational Crimes Unit and International Task Force Sweep; regardless of whether or not Peter O'Neill is the Prime Minister.

Officers with the Australian High Commission and Embassy of the Republic of China in Port Moresby take note. 

SRC PRESIDENT AND MINING ENGINEERING STUDENT RICHARD ARTHUR MABIRIA HAS COMPLETED DESTROYING UNITECH SRC REPUTATION FOR FIGHTING CORRUPTION.   MABIRIA ORGANISED STUDENT MAFIA PLANS TO TAKE CONTROL IN THIS WEEK'S OCTOBER SRC ELECTION

INTRODUCTORY NOTE BY PNG BLOGS:  

More than a month ago we started getting urgent messages on PNG Blogs Facebook from some final year students at Papua New Guinea University of Technology. They reported that their Student Representative Council (SRC) had transformed from an outstanding national role model for justice during the Unitech Saga to a non-transparent group lacking financial accountability and strangely opposite of last year's SRC in fighting government actions that hurt the university.  We were begged to warn others nationwide and this we did, putting up postings on PNG Blogs Facebook page.  We always believe in promoting transparency in governance.   Now we hear that the predicted corruption has taken place as detailed in the student's report below.  Mr Mabiria's mysterious disappearance from campus right after the culture show ended and all the money was collected is a damning suggestion of wrongdoing.

We also heard that the now starting SRC elections were set up and manipulated by Mr Mabiria some weeks
back to continue this year's corrupt style of leadership into the future.  Independently we verified from
sources at 3 campuses that James Marape did meet secretly with SRC leaders throughout PNG early this
year.  There continues to be floating stories that these meetings were followed by "donations" to SHP SRC
presidents at UPNG (Roy Cornelius) and Unitech (Richard Arthur Mabiria) to ensure that there would be no
student protests as the government's financial situation became dire this year.  The idea seems to be that
Mabiria would hand over the power to cronies who would continue to make sure that the Unitech SRC
would do the bidding of the O'Neill government using James Marape as the intermediary.  

A few weeks ago we posted on Facebook a protest document written by Mabiria on behalf of the students. 
The paper was ridiculous as there was no power backing up the demands for information and it was written
in English of lower high school level.  It was clearly a sham designed to fool Unitech students into thinking
their SRC was accomplishing something when it wasn't.  Not surprisingly the government has ignored

Mabiria's demand for information.  

Yesterday we were contacted by members of a multi ethnic student coalition at Unitech who report that
there will be a general boycott of the election, including even some participation by Southern Highlands
students who have figured out what's going on and want to do the right thing.   We were told that earlier
the Unitech administration wanted ballot boxes and voting to be done by departments.  This change in
voting would have destroyed the plan to intimidate those students who didn't vote for the "right
candidates".  Mabiria successfully resisted the attempts to remove wantok intimidation from the voting
process so that the election could be carried out using the usual kind of pressures that we see on a national
level.   

We applaud those unhappy Unitech students who want to express their unhappiness using boycott.  But there are situations where boycotts are effective and situations where they are not. To have such financial lack of accountability to go on all this year required either incompetence or willingness to ignore trouble on the horizon by the Unitech administration including VC Albert Schram.  Dr Schram needs to pull up his socks and take measures to ensure that the SRC is made fully accountable for finances just like any other institution.  This new SRC monkey business must be stopped before it becomes a corruption cancer.  SRC election rules must be rewritten to prevent the kind of ethnic dominance and organised crime style intimidation campaigning and free beer style bribery that dominates UPNG and now takes over Unitech.    We ask those students who plan not to boycott the campaign and election:  If that's all you're planning to do, you will achieve nothing.    Consider instead to contribute to building back

Unitech's reputation by using your boycott to demand a full investigation of SRC and its nomination and
election process, as well as a full investigation of the 2015 finances.  Collect all the evidence while the trail
is warm so it can be presented at a formal Unitech inquiry into the corruption of the 2015 Student
Representative Council at the PNG University of Technology.  Our last words are to Unitech SRC President Richard Mabiria.  You were elected into a position of great privilege and expectation, to carry on the national symbol of excellence that the SRC the year before you earned through their bringing the Unitech Saga to an outstanding conclusion.  Why during all your years of schooling did the baby sense never let you and you have money grubbed like a small child?   You have almost singlehandedly destroyed Unitech student's reputation for fighting corruption. That damage will last for years.  We are told that hundreds of students gave their all and volunteered in the culture dances which helped attract visitors and raise more money for the show.  To what end did these students sacrifice, Mr Mabiria?   So that you could run away with show money?  Your behaviour as we know from multiple reports is pathetic beyond words.  

STUDENT REPORT FROM UNITECH


Richard Arthur Mabiria (RAM) was once a friend of mine but Power went to his head when he became
our SRC President. He must be reported before he does any more damage to Unitech student reputation.

Now I will say that RAM is invited to defend himself here if he feels any of what I am about to say is untrue.

I believe he will use his usual Game Plan for reply. He will run away from public discussions and tell everyones to watch out for and ignore nameless accusings on the internet.

He can try that but this is the internet and Truth seems to always come out. As the PNG blogs says the court of public opinion is the way of modern times when justice cannot happen any other way. Those of us final years remember very well Unitech Saga. Many of us have not forgotten the power of the internet and the PNGblogs when all else fails. I can be quite like everyone else and RAM gets away with his crimes or I can let God be my guide and throw out this information to the court of opinion. No body is brave enough to open up with these secrets by name but at least the truth comes out now.

I and his other friends know for a fact that RAM had Hon. James Marapes number on his phone and bragged that he could get in touch with him whenever he wanted. He always hinted he had an agreement with Hon.
Marape.

SRC officers not corupted by RAM are not shy to say that the government never answered RAM's demands last month about GPA and the bad education situation at Unitech. James Marape know that RAM was in there pockets and would make sure that there was no protest against the government at Unitech.

Here are few facts that anyone can check out for themselves by asking the right people at unitech;

- SRC has not submitted any quarterly acquittal for funds this year. This was to hide money thefts.

-Isaac Kereko SRC Treasurer is in coruption with RAM in regard to SRC money.

-RAM didn't like SRC staff officer Mr Harry Chopou looking over his shoulder but laughed that Chopou was weak and easy to ignore or manipulate.

-The biggest fundraiser every year by SRC is the culture show and Independence Day celebrations. Many unitech students gave their time free to making the festivities a big success.

-RAM's plan was to take a big part of the money raised. Because this event comes close to finals and end of school year he felt smart that he could get away with it and everything would be forgotten as he was graduating anyway. Once when drinking he bragged that the administration including current VC was ALL BARK AND NO BITE.

-RAM received donation of about K20000 from MP Loujaya Kouza and another K20000 or so from
unitech to fund the show.

-Unitech administrators said there would be Independence Day holiday and Friday as a special holiday but classes on Thursday. RAM laughed and got students together to support his declaration that Thursday was a holiday to. Administration could do nothing to stop RAM.

-RAM knew that 3 days were needed to make as much money as possible to make his dream come true.

-At least K33,000 was made in just the First Day. Less on Days 2 and 3 but still adds up to about K70000 by any reasonable calculation for the full 3 days.

-Right after the festival RAM disappeared. SRC Treasurer Kereko had to approach the admintration begging them to pay some outstanding bills. This was because the money earned from the show was gone or in process of disappearing.

-People who provided service for the festival started demanding their payment. For hire cars, bands, sound system hire etc, etc etc. No one could pay them at SRC.

-SRC staff member Harry Chopou had to make a public announcement to say he would no longer see angry vendors demanding payment for their services.

-It is now 2 weeks later and nearly everyone now is looking for RAM but not to be seen.

-RAM plans to come back after everything cools down in time for finals so he can graduate. By then he reckons administration will be to busy with other things to worry about SRC and no one will be disciplined.

-RAM has told his friends at different times mi laik kaikaim moni and likes to show off his smart clothes. He has always dreamed of light office work with good pay so he can live the good life.

-When in Moresby he wants to stay in nice hotel rooms not guest house. Now it seems he had his chance to live like a king for a while in Moresby. RAM is happy he got the payoff he wanted as SRC president.

-RAM is confident that his secret plan to keep control of SRC for next year and keep getting payoffs from the government to not protest will continue. He decided which southern highlanders would run for what office, it was not a decision for the nominees.

-The plan is for next year's SRC president to demand a higher price from Hon Marape to deliver a 2016 school year with no student protests at unitech. There is confidence that the government will pay and RAM will get some money in payment for his help in setting this secret annual fee up.

Please publish this list of facts in your blogs. Anyone who thinks I have not told the whole story can comment direclty on your web site and give there side of the story. If they will not comment it is because they have no other side to the story. Future employers should learn about tru pasin of Richard Mabiria and see whether he had any defense for his actions. This is a warning to potential employers that RAM's polite ways and smart
dress hides his real intent to find ways to kisim na kaikai bikpela moni. Mabiria needs to face the police and prison for his steals.
 

by YAKAN LEPAKAILI 

GARRY BAKI ARROGANT, RUTHLESS, AUDACIOUS AND CORRUPT COMMISSIONER OF POLICE IN THE POST-MODERN ERA IN PNG POLITICS.

I can’t allow corrupt police Commissioner Baki’s action to terminate the services of two career officers go unchallenged.

I understand the sacked officers have instituted court challenge and the public is yet to know the outcome of that court challenge but I am disgusted by the absurdity of the corrupt Baki’s unthinkable actions. He alleged that duet officers were sacked for insubordination and I suppose insubordination does not constitute sacking unless insubordination is somewhat ongoing warranting such an action. The faceless face of infamous corrupt commissioner Baki is telling.

He is hell-bent to do what it takes to deliver the corrupt, ruthless and totalitarian regime of O’Neil and his cohorts whose fate is hanging in the balance by the mercy of court. An insider at police headquarters published on PNGBLOGS an article titled “Politically Corrupt Running the Police Force” should that is anything to go by, it says it all. http://www.pngblogs.com/2015/10/politically-corrupt-running-police-force.html. Baki’s appointment replacing his predecessor was on purpose orchestrated by the corrupt King Peter O’Neil. Baki has specific task on hand and supposedly was given a checklist of what to do in a given time frame.

It lacks facts to substantiate; however, the circumstantial evidence is all there. What transpired in the week speaks volume Baki is on a suicidal mission pleasing his master who is watching from distance when all unfolds in his favour. Police department does not belong to Baki and O’Neil to recruit failed politicians and dysfunctional aging redundant officers to senior administrative portfolios and fire reputable career officers at will as it please them. Baki had no courtesy and charged at the leader of the opposition and member for Kandep Hon.

Don Pomb Polye not to say anything against his action. Given the audacious nature of Baki’s actions in the recent past and show of arrogance, is a proof he is being remotely control and become a mere puppet. Being a top cop, no way imparts him the autonomy to be ruthless to the loyal troops. In the normal public service, sacking a senior career public servant is the last measure meted out after exhausting all available avenues. For Baki to be blunt is uncharacteristic, ruthless, audacious, arrogant, mean, stupid and an idiotic leadership.

It is written all over him that there is no wisdom in him being the top cop. In the twilight of his career as discipline officer, he has proven beyond reason doubt that he is undisciplined, his action baseless and without merit. His body language reveals he venerates no other than king of corruption, serial liar and master of all deceptions Peter O’Neil. He is in to deliver his king by HOOK or CROOK, nothing less, nothing more.

 
by JOSEPH MOREA

Peter O’Neill’s purging of opposition exercise reached its new height. Yes, it happened to be the Chief Magistrate Ms Nerrie Elliakim this time.

In his latest attempt to remove all opposition, Mr O’Neill directed his Chief Secretary Manasupe Zurenuoc to direct his Attorney General to suspend the Chief Magistrate. This comes after the District Court refused to entertain an application by stooged Police Officers to arrest Director of Fraud Squad Mathew Damaru, Timothy Gitua and lawyer McRonald Nale concerning some drummed up charges of perjury. In a series of events leading up to today, the public at large witnessed the following: 

• Two lawyers Greg Egan and Terence Lambert acting for Task-Force Sweep members     were banned from entry.

• Two high ranking police officers namely Thomas Eluh and Timothy Gitua were terminated in the most dishonourable way.

• Unsuccessful attempt to obtain arrest warrant against Mathew Damaru, Timothy Gitua and McRonald Nale of Jema Lawyers.

• Request for Suspension of Chief Magistrate. Chief of Task-Force Sweep Sam Koim was reported in the Post Court last week as saying this is a coordinated attempt to ‘obliterate’ his team. One wonders why the Chief Magistrate?

Chief Magistrate was the one who issued the initial arrest warrant against Prime Minister O’Neill. People like Isaac Lupari sniffed around to find something on the Chief Magistrate but could not. To O’Neill –“if it wasn’t for Chief Magistrate granting the warrant in the first place, I couldn’t have gone through all this shit”. Chief Magistrate is believed to have met with her magistrates and encouraged them to be vigilant and scrutinize urgent applications before granting them as there may be matters pending in the National Court. 

In the wake of this, the presiding Magistrate refused to entertain the ludicrous application brought forward to arrest Damaru, Gitua and Nale last week. For O’Neill and his team, the only way to get around it now is to find some dirt on Chief Magistrate and remove her. O’Neill and his team had been finding dirts on their opposing team by banning lawyers and dismissing career officers. When one does that, it’s called “vindictive”. 

He has been carrying out this cleansing exercise all of last week. Has anyone ever noticed his silence in all of these? He seemed to have some answers for all queries but not with these ones. His Silence is deafening! Peter O’Neill is a dangerous kind of a breed. He is destructive! His destruction to the tenets of governance and institutions of government is irreparable. 

He is taking extra-constitutional steps to cow his opponents –institutions providing check and balance – wants absolute power. O’Neill needs to go! We have to stop him. He is touching on institutions that no PM in the history of this country has ever done, not to mention his daylight corruption and frauds.

CORRUPT PETER O’NEIL’S FINGER PRINT IN BANNING AUSTRALIAN LAWYERS, SACKING FRAUD SQAD OFFICERS AND NOW CHIEF MAGISTRATE ON O’NEIL’S SHOPPING LIST.
 

by YAKAN LEPAKAILI

Desperate and crook Peter O’Neil’s finger-print is evident banning Greg Egan and Terence Lombert, sacking Thomas Eluh and Timothy Gitua and now; Chief Magistrate Nerrie Eliakim is on O’Neil’s shopping list.

He tried to oust deputy Chief Justice, Justice Gibbs Salika but to no avail. Justice G. Salika was handling controversial Jimmy Maladina who is a close ally of O’Neil defrauding NPF in big time. When questioned in Parliament by Grand Chief Sir Michael Somare, Peter O’Neil pretended he had no knowledge about such a scheme to oust the Deputy Chief Justice and as always, with choice of words, he played down.

When will this madness of crook Peter O’Neill end? He is having tight grip on the top cop and next is the magisterial services. He has a surprise for PNG and don’t be alarmed for his next calculative move is to instil one of his own kind (Ialibu) as Chief Magistrate. The destined candidate played a pivotal secretive part in the final outcome of his NPF fraud case that was dismissed at district committal court.

Crook O’Neil’s conspiracy is working and he could be next eying National and Supreme Court Judges. Anything is possible from this time on for his attempt was foiled. Intriguingly, next episodes will be eventful to observe as it unfolds in days ahead with unpredictable and erroneous political leadership running wild. It is a vicious act to infringe on the government arm of the justice sector.

No rationale thinking person would in his/her right frame of mind would allow offer of bribe to impair the judgement. The bureaucrats, whose names flashing across the headlines were lured with substantial to making infamous decisions. Why would G. Baki be bold as never before? Why would Mataio Rabura act in a certain way all of a sudden? Why Manasupe Zurenouc stoops too low touching on the weakest person in the society? Inanity! Insanity! Insanity! Papua New Guineans aren’t fools and can’t be easily fooled. However, an action of Baki, Rabura, and Zurenouc speaks volume they are indeed fools of the worst kind.

The worst criminal that deserves incaseration or better still put a bullet through his head is none other than Peter O’Steal. Not T. Eluh or T. Gitua or N. Eliakim for being upfront and no nonsense fighting corruption tooth and nail. They don’t deserve being put through public shame and humiliation. This absurdity is a sure sign of desperateness to grip on power at all cost.

Former leader of opposition and member for Vanimo Green Hon. Belen Nema took out an article published in Post Courier dated, Tuesday October 6, 2015, titled “Government’s Action Vengeful”. Another, spokesperson for Coalition for Trade Union, dated, Tuesday, October 6, 2015, pg 5, claimed, collapse of the rule of law is eminent. These articles were taken out in the light of recent controversial developments regarding banning Australian Lawyers (Greg Egan and Terence Lambert) and sacking of lead Fraud Squad Officers. These articles were published not being aware of Chief Magistrate Ms Nerrie Eliakim was on the firing line.
Unceremonious sacking of no nonsense Fraud Squad Officers purely for fighting a ruthless and corrupt regime and now, using the Chief Secretary Manasupe Zurenouc writing to another corrupt lieutenant of O’Neil, Ano Pala to take an action deemed appropriate against N. Eliakim.

He failed to terminate the service of Task Force Sweep Chairman Sam Koim. He failed yet again tried to get Howard Maliso through Isaac Lupari to become an Ombudsman Commission but the scheme worked well in replacing Jubilee Tindiwi as acting Solicitor General with her deputy Faith Barton Keene.

Don’t these people in the scheme of O’Neil’s corruption; have any guts to show remorse and endeavour to bring to an end unabated corruption spiralling out of control from this corruption riddled government? No better time will come than this. Whilst in a responsible position, Gari Baki, Mataio Rabura, Manaupe Zurenouc and others not in the limelight are the agent for change for better governance and not an agent facilitating corruption unhindered.

Saddam Hussein was caught in a rat hole. Family never paid their last respect or said farewell tributes in his eulogy. Didn’t receive a dignified burial and to date, his graveyard remains a mystery.

The unprecedented level of corruption under wicked Prime Minister Peter O’Neil is a crime against the people of Papua New Guinea. Cabinet Ministers, members of Parliament and bureaucrats, it isn’t inadvertent but with intent and full knowledge, continue to be part of wickedly corrupt regime will not distance and say, I am not party to it. By being in government underscores the fact that all are party to the corruption. Surely you’ll have your share of the curse for the crime against humanity. If not you, your children and children’s children will bear the brunt of being part and propping a corrupt ruthless regime.

by MICHAEL J. PASSINGAN

The lies continue to adulterate the Bureaucracy, even the Chief Secretary who is understood to be physically weak to contain the pressure of convincing his Lutheran mind.

The Chief Secretary was reported by the media yesterday that he defended his action to refer Chief Magistrate Nerrie Eliakim to the Attorney General by saying what he did was procedural and administrative. He claimed that it is his job to refer complaints about public office holders to their appointment authorities. He sounded innocent and bona-fide by saying "I know the timing is not good and everyone thinks it is in relation to the PM'S case but it is not,"

It makes the thinking lot of us sick to the core when the corrupt pollies and their stooged servants continue to want us believe to their idiocrasy and lameness.

LET’S LOOK AT THE CHIEF SECRETARY’S RESPONSE CLOSELY.

The Chief Secretary to Government is the Departmental Head of the Department of Prime Minister and National Executive Council. That means that he reports directly to the PM on a daily basis.

The powers and functions of the Chief Secretary are spelt out in the Prime Minister and NEC Act 2002 and none of that empowers the Chief Secretary to do what he did.

The Chief Secretary did not just simply refer the matter to the Attorney General. He went further by suggesting the course of action that needs to be taken –suspending of the Chief Magistrate. Does that come within his powers to do so? Did he simply refer a complaint received by his office? Seems to me as Chief Secretary having a predetermined course that he conveyed to Ano Pala.

And if the claims by Opposition Leader that Ano Pala has a pending arrest warrant against him issued by the District Court of which the Chief Magistrate is the head, is this not a coordinated act? The Attorney General, Ano Pala has been using his powers to engage expensive Queens Counsels to defend Peter O’Neill’s personal criminal cases.

How can the Chief Secretary and Ano Pala claim that they are innocently and objectively doing their job without their master of lies peddling his lies and influence through them?

by MARK PARAKISAN

Sensitive questions to break out the truth: WHY WAS PETER O'NEILL SO DESPERATE TO SECURE THE UBS LOAN? THE BEANS ARE SPILLING OUT. The very sad details about the UBS loan has been revealed. Knowing all this, one starts wondering why from all accounts, Peter O'Neill expressed more than happiness when the deal with through and the Oil Search shares were bought. Witnesses say he was overjoyed.

Overjoyed? Anyone who knows Peter O'Neill knows that he is a man of few outward emotions. Yet, the UBS deal obviously meant something big to him. Very very big.

There are 2 very obvious possibilities: Peter O'Neill was either receiving the proceeds of corrupt commissions, or he was profiting greatly off selling shares of Oil Search as the UBS loan co-occurred with the peak Oil Search price.

"Corrupt commissions" are when someone with insider knowledge sets up a crony (or a relative) to be in charge of facilitating some kind of business deal. A lawyer Greg Sheppard advises the intending corrupt, you always need to make everything look like a normal business transaction.

Commissions are standard in many aspects of business and finance. What is not standard (and generally considered corrupt) is when the commission amount is far overpriced with respect to what services are actually delivered. What is typically illegal is when the insider (usually a politician) selects whoever will become the middleman broker and commission earner, and he who earns the outrageously high commission kicks back a percentage to the politician. By all accounts, Peter O'Neill could have pocketed K150 million or more a kickback from commissions regarding the UBS loan. It is doubtful that normal, upfront back brokers would have been involved. Instead, the 'broker' would have been someone set up from the PNG side to finalise details of the loan. They will use a company name to hide their identities, possibly registered overseas. UBS itself wouldn't care if middlemen were involved or not as long as UBS wasn't paying the commission.

This is what is widely believed that Peter O'Neill did and why he was so strangely excited about the UBS loan.

Once the UBS loan was used to buy Oil Search shares, the shares immediately started collapsing. This was not due to fewer people buying shares, but due to a major sellout. The suspicious is that both Peter Botten and Peter O'Neill were amongst the sellers but being that they both had insider information on the loan, they knew exactly when to buy shares and exactly when to sell them. They made the big profits, just like the corrupt Julius Chan did when he bought millions of Highlands Pacific shares during the 1990s using an interest free Highlands Pacific loan. This is called insider trading. It is illegal in most countries and highly corrupt.

Why Peter O'Neill was so uncharacteristically overjoyed is now becoming clearer, being that all the beans were spilt this morning in the Sydney Morning Herald on what a bad decision for Papua New Guinea this UBS deal is. UBS has taken control of all incoming LNG gas revenues as collateral which is exactly why PNG cannot bring that money into PNG to support the kina.

Peter O'Neill's personal greed, driven by clinical mental illness of being a psychopath or a sociopath, is bringing our country to the bring of ruin. On medical reasons alone, he must be relieved of his duty as Prime Minister of Papua New Guinea.

[From NIUGINI OUTLOOK, Ples Blo Sharpest Tok - www.facebook.com/niuginioutlook]



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 SYDNEY MORNING HERALD ARTICLE

The bars and lobby lounges of the Grand Papua Hotel are swarming with bankers. Most are in their bespoke suits, one or two are in shorts and thongs to cope with the pressure and the heat.

They all sense that a billion-dollar deal window is closing.
"He was harassing me like nobody's business," says one senior PNG source, describing how an Australian banker from UBS had been tailing him and aggressively hurling instructions.
"In the end I couldn't stand it, I told him to 'F---- off, you are not my legal adviser'."
This was the atmosphere in which Swiss bank UBS struck a massively controversial deal to land the PNG government with a 10 per cent stake in ASX and PNG-listed company Oil Search. Those shares are seen now as an effective blocking stake to Woodside's ambitions to buy Oil Search, in one of the biggest deals currently in play.
The shares cost $1.2 billion, a staggering 8 per cent of the former Australian protectorate's GDP. The deal has also cost the jobs of the government's treasurer, petroleum minister and attorney-general, while sparking investigations by the Ombudsman and Public Prosecutor.
Despite the scandals, sackings and the official probes, the terms of the deal have remained confidential – until now.
Through a series of leaked documents and interviews Fairfax Media has reconstructed what UBS insiders describe as one of the "most amazing deals" the bank has ever done. Others, however, say the amazing part is that the bank was able to get away with it. They see a cash-strapped government getting stitched up.

How the deal was "bulldozed" through the board room

Source: NPCP board minute.
The shares are held by the government-owned National Petroleum Company of PNG. Its confidential board minutes, for a Sunday morning meeting on March 9 of last year, show that at the highest levels there was intense discomfort about the financial wisdom of the terms of the deal, a view confirmed in expert analysis.
The company's chairman Frank Kramer exclaims that the government has "bulldozed" the huge transaction on to his books, despite a lack of information and "irregularity in due process".
Two days earlier, a Friday, the Prime Minister's chief of staff had written to the company ordering it to "urgently consider and take all actions necessary" to make the deal happen.

Kramer "emphasised" that he did not believe the proposed transaction was "directed to the greatest advantage of the people of Papua New Guinea", as the board minutes record.
The rest of the shocked board unanimously agreed.

At the same board meeting of March 9, 2014 it emerged that UBS, through its lawyers at Ashurst, had actually drafted the resolutions that the board was meant to sign.
The revised minutes read: "UBS are only concerned about getting the NPCP Board's approval on the resolutions for the payment direction and therefore will [not] be the least concerned if the NPCP board wants to be frank enough to capture in the background/minutes its concerns about the inadequacies or otherwise of the premises on which it is going to approve the resolutions."
The Solicitor-General had only been asked to advise on the legality of the UBS fundraising plans on the previous Thursday, and noted numerous problems including the Constitutional requirement for parliamentary approval.
In the end, the board approved the deal on the basis that the NPCP would eventually own the shares outright once the UBS arrangement finished.
So what, exactly, about the deal had them so concerned?

UBS appointment questioned

For a start some observers questioned why UBS was even involved, saying it did not receive its mandate via an orderly appointment process.
The whole Oil Search investment process was originally designed to enable the PNG government to buy back a stake that it had sold to an Abu Dhabi sovereign wealth fund.
It was well-known among the PNG elite that the shrewd Prime Minister O'Neill, was desperate to hold a substantial stake in Oil Search, seeing it as the country's national champion.
Business leaders and officials who dined with him say it was a prominent topic of conversation throughout the second half of 2013, as the Abu Dhabi sovereign wealth fund was considering whether to convert its large PNG debt security into equity.
One of the early attempts to make this happen saw an intergovernmental committee, involving the Independent Public Business Corporation and the corporate advisory arm of the Bank of South Pacific, reject the "risky" and "expensive" UBS proposal, according to sources involved. They preferred low-risk and low-cost loan proposals, such as a joint proposal by ANZ and Barclays Bank.
But the PNG decision-making process was delayed, the Abu Dhabi fund opted to keep its Oil Search shares and, by February 2014, Prime Minister O'Neill was searching for another way. At this time, a separate investment banking "beauty parade" took prominence, managed by the Bank of Papua New Guinea.
A senior advisor to the central bank, Jacob Weiss​, informed officials that he, not they, were advising Prime Minister O'Neill on the Oil Search investment, according to the officials.
Mr Weiss has a different recollection.
"I didn't play any role in it, I'm sorry," Mr Weiss told Fairfax, when reached by phone in Europe.
"I have nothing to say."
Others to assume prominence were Treasury Secretary Dairi​ Vele​ and his Australian consulting partners, Lars Mortensen and Nathan Chang.
Mr Chang defended his advisory role in the Oil Search investment process, but not the decision to appoint UBS.
"There was probably nothing wrong with the process that was followed," Mr Chang told Fairfax.
"Whether or not it was a good deal, that's the state's call. We're obviously still up there. To be honest we copped a lot of flak over it. It puts me in an awkward position so I'm just going to let it go."
On 27 February 2014 it was Oil Search managing director Peter Botten who first announced that "the PNG government has entered into funding arrangements with UBS" to purchase a $900 million share placement, subject to the "unlikely" obstacles of "final regulatory and financing approvals".
The dual PNG and ASX-listed company told the market that it would use the money to buy the privately-owned Pac LNG group of companies, which owned a share in the coveted Elk/Antelope gas fields.

Detail with devils

There are several strands to the deal that saw UBS deliver the finance needed to fund the PNG government's purchase of Oil Search shares.
These strands will all play a part in whether Prime Minister O'Neill will agree to sell to Woodside, and the documents show his break-even price is far higher – and complex to calculate – than previously understood.
The first and most straightforward mechanism was a $330 million "bridge loan", to be repaid by NPCP. UBS charged a start fee of 2 per cent, an extension fee of 1.5 per cent and interest rates that ratcheted up from about 7 per cent to 12 per cent over the course of a year.
Those terms would have led the Swiss bank to charge the PNG government entity about $33 million over the nine months to December, when it was refinanced. That translates to an effective annual rate 13.3 per cent, or about five times the rate at which banks like UBS lend to each other in Australia.
The high fees and rates might have been explained by repayment risk, if not for the unusually extensive security arrangements.
Those arrangements allowed for the "irrevocable" diversion of funds into a special Singapore bank account, where they would be available as required to satisfy loan repayments.
Specifically, they required NPCP to sign a power of attorney empowering UBS to stand in its shoes and garnishee "all" of the PNG government's expected revenue from its 19.6 per cent share in the massive PNG LNG project.
The project, in which Oil Search holds a significant stake, is expected to deliver total lifespan returns in the vicinity of US$156 billion.

Leaked board minute

Collared by the deal

The shares are owned by the PNG government, through NPCP, but are also subject to put and call options in a $900 million collar agreement.
UBS declined to discuss any details of the complex agreement, citing a risk of economic loss if its market positions were known.
But a full copy of the collar agreement was obtained by Fairfax Media.
Fairfax Media approached a leading risk advisory firm, Noah's Rule, to examine the document. The Sydney firm agreed to speak on record in order to facilitate informed discussion of a matter of public interest in two countries.
Co-founder Sean Russo says collar arrangements enable clients to effectively borrow against the shares they are acquiring, while surrendering some upside potential and hedging some downside risks.
They do this through a series of "put" and "call" options which, in this case, give UBS the obligation to buy Oil Search shares for a guaranteed price when the price is low and also a right to buy if the price goes high.
What is "unusual" about this $900 million collar contract – something that deserves to be read closely – is that the PNG government has given UBS the right to buy one-fifth of the Oil Search shares at a 10 per cent discount to the $8.20 that the government paid for them. This right applies regardless of the Oil Search share price.
"PNG has effectively 'forward-sold' about a fifth of the Oil Search shares for a price below what it paid for them, immediately guaranteeing a loss in the order of $18 million," says Sean Russo.
"Because PNG will always make a loss on 20 per cent of shares that has the impact of dramatically increasing the price at which it needs to sell the balance of the shares to come out ahead."
Derivatives experts emphasise that, to be fair, the different put and call options should be assessed together.

Surge needed to break even

Another unusual feature of the UBS collar arrangement, however, is that the average of all the call option prices is not far above the total cost PNG will pay for the shares.
The way the options are all structured, the Oil Search share price would have to rise by as much as 23 per cent above the purchase price of $8.20 a share before PNG begins to make any profit.

"After taking into account interest costs, and the inherent cost of the collar structure, it appears to us that PNG would make a small profit if the Oil Search share price was above $10.10 during the collar's expiry period, between March and June next year," says Russo.
Even more unusual, he says, is the fact that this elevated window of profitability quickly slams shut again.
"Paradoxically, due to other quirks in the structure, the PNG government would begin to lose money on the collar again if the share price rose above $13," he says.
In crude terms, at inception the value of the collar contract might have been worth perhaps $50 million on the books of UBS, depending on assumptions of volatility.

In reality, UBS would have quickly offloaded much of that potential upside onto the market place as it worked to manage its risk.
Did UBS gouge profits from its client? The bank doesn't think so, but declines to engage in the detail. What some of the bankers will admit, when pressed, is that it was a brilliantly creative deal.

An amazing deal?

For UBS the deal brought together not just PNG's ambitions but also those of Oil Search. Oil Search managing director Peter Botten was very keen to buy into Inter Oil's Elk-Antelope project, considered to have the best undeveloped gas reserves in PNG.
He was prepared to pay much more upfront than France's Total had paid because of his greater confidence in underlying gas reserves. And if he played his cards right, he could out-muscle the French oil giant Total, bring in ExxonMobil, and give their hugely efficient PNG LNG project new possibilities of scale.
"Given the fact we've acquired a significant stake in what could be a world class LNG development, one in the highest quartile of returns in a low price gas market, we're very comfortable with our position," says Botten, noting favourable drilling results.
And online scuttlebutt about what the target company may have done with the funds? "As far as I'm concerned it's rubbish, if you believe the blogs you'll believe anything," he says, noting his company's commitment to world class governance.
O'Neill wanted into Oil Search, Oil Search wanted into Elk & Antelope, but neither of the two close friends had cash. Other banks, including Citi, were offering bridge loan and collar arrangements to raise the cash for the state of PNG. And of course they were willing to help Oil Search raise capital by issuing new shares.
But nobody had worked out how to connect those two objectives – issuing Oil Search shares to PNG at the usual placement discount – without disadvantaging ordinary Oil Search shareholders. By February last year, every serious banker in Australia had been crawling over this billion dollar prize, but none of them could make it work.
The star-studded UBS banking team refuse to discuss the detail of the deal or how they got the PNG government to agree to it. It must be frustrating, however, that the public has no opportunity to comprehend the magnitude of what they achieved.
The collar arrangement had necessarily left UBS needing to sell Oil Search shares to hedge its exposure. Normally, it would sell into the general market. The genius of the UBS solution, however, was that they worked out how to offer those those shares directly to Oil Search shareholders at the same price as the placement to the PNG government, so that no-one was disadvantaged.

Best deal ever done

A team of 20 or perhaps 30 of the best minds at UBS worked around the clock for a frantic fortnight as they worked the numbers and lined up the people. While they'd been talking with Botten, he was not their client. The pay-off had to come from the government of PNG.
"We were the only one who joined the three objectives of facilitating the Oil Search financing, giving the government what it wanted, and allowing outside shareholders into this deal," says the banker.
"The reason that this is seen internally as one of the most amazing deals UBS has done – why internally it is celebrated – is that we found a way to allow Peter Botten to finance his Elk & Antelope investment. This has never been written. It was only we who dreamed this up. Twenty of our best minds…"
UBS is now prepared to acknowledge the elegance of its solution.
"We are very pleased to have been able to provide a tailored solution to the PNG government to enable them to not only maintain their significant investment in Oil Search, but also to provide them with downside protection," says a spokeswoman.
What was obviously an act of brilliance to the sharpest minds in Australia's top-ranked banking team, however, has received a more mixed reception among outside specialists who have reviewed the deal.
Australia's nearest neighbour, and former protectorate, has struggled to convert its abundant mineral wealth into basic infrastructure, health and education services.
While the PNG LNG project has pushed GDP to expand by a quarter in the past two years, welfare measures are going backwards. The Australian arm of UBS can credibly argue that nobody else could have structured that deal with that client on better terms. It can rightly point to the fact that the PNG government wanted a strategic stake in PNG's largest taxpayer.
But did it make sense from the perspective of the 7.7 million citizens of PNG?

Serious questions remain

Robert Wyld​, co-chair of the International Bar Association, says it is "extraordinary" that UBS would approve such a huge, complex and costly deal for this particular client, given the bank's recent history of investigations and fines by international regulatory agencies.
"There are serious questions about this transaction – what did it involve, how and where did the money flow and to who and what was the commercial drivers behind this deal for the PNG people," says the leading Sydney lawyer.
"Where is the commercial logic? You would think that anybody at the highest levels at UBS would have known they were dealing with an incredibly high-risk government with an incredibly high-risk prime minister."
And while Prime Minister O'Neill battles cascading corruption investigations, he also has a fiscal problem. The gas revenues are starting to flow but prices have fallen.
In some ways, the structure of the collar arrangement has rescued the PNG government from the full force of the unexpected fall in prices for oil, gas and Oil Search. A plain vanilla loan would have left them in worse shape.
"Given the recent weakness in the oil price, this protection has clearly been shown to be valuable for the PNG government," says the spokeswoman for UBS.
Measured in local terms, however, it looks like the government would have notched up a half billion kina book value loss. And the benefit of hindsight does not change the calculus of whether the PNG government should have been buying the Oil Search shares at all.
Sean Russo, the principal at Noah's Rule, points out that once the contract reaches the expiry period of March-June next year, the government will still have to find a way of refinancing the shares.
He says: "If they refinance they will probably likely need to enter into a further collar structure and the costs associated with that will only increase their losses."
The only way is down.

by NRI INSIDER
There was always something a little strange about the collapsing kin. First we were told by Peter O'Neill and his corrupt cronies Marape and Pruaitch that the kina wasn't going down or that the slide was only temporary. But as we saw days of kina sliding turned into weeks and weeks turned into months, that lie no longer worked.

Today we have a clear graphical record of a slide in the kina that began nearly from the moment that Peter O'Neill was re-elected and took office again and has continued up to now. The Masters of Deception now admit this is the case but say that they've got everything under control. Most certainly not. If you look at the rate at which the kina has been declining against the US dollar in recent weeks you can see that the slide started becoming steeper than it was before. The Masters of Deception can lie all they want but the bare facts don't lie.

An outright collapse of the kina to God knows what low levels is being prevented right now by the Bank of PNG taking foreign currency and using it to buy back kina. In other words that foreign currency is not being allowed to be used for other purposes, and that's why there are lines of business people at all the banks, screaming that they can't get foreign currency to pay their bills and bringing in their imported goods. The foreign currency reserves aren't going up. They seem to be declining. The writing on the wall is that we are headed for a major economic calamity. Who should we thank for that? Peter O'Neill.

As we noted at the beginning, there was always something strange about the kina collapsing at this point of our history. After all, weren't we supposed to be getting rich off the sales of Liquified Natural Gas (LNG)? And wasn't all that LNG being paid for in foreign currency? Both pieces of information would argue that the foreign currency should be flowing into PNG in increasing amounts, thus making our kina rise in value.
Well it isn't all that simple. It may be that quite a bit of the LNG revenue is coming in vicurrencies other than the US dollar. That is unless ExxonMobil demands payment in US dollars which could also be the case (WHY MUST WE CONSTANTLY BE ASKING SUCH QUESTIONS WHEN SUCH STATISTICS SHOULD BE TRANSPARENT AND AVAILABLE ON THE INTERNET??).

Whatever the currency in which the LNG is being paid for, all that foreign currency coming into the country should still be getting a response from the kina value, with the kina going up. It's not happening and the big question is why not?

Now we have the answer, thanks not to the hopelessly corrupted Post Courier, National, EM-TV and other PNG media, but rather because of the Australian media and Australian reporters who have managed to get PNG and other documents on the UBS loan leaked to them so that at last the truth can be reported.
It turns out that the LNG monies are not coming into PNG. Yes, read that again. The LNG monies are not coming to PNG at all. The reason for this is Peter O'Neill and it all has to do with the always controversial UBS loan.

Peter O'Neill was advised by more than one government body not to sign that UBS loan because it wasn't in PNG's best economic interests. O'Neill ignored all the advice and all the advisors. He seemed desperate to push through the UBS loan. Thus he illegally bypassed parliament. He tried to coverup his illegal bypassing of NEC by having them approve the loan after the fact. Like the good little morons our Ministers all are, they didn't question a thing. They approved the loan but after it had already been signed and couldn't be withdrawn.

With the Sydney Morning Herald revelations of the past few days, we now can see with our own eyes that there are many reasons why that UBS loan should have never been approved. But now comes the bombshell - the loan mandates that all LNG money be held overseas in Singapore. This includes the landowner royalties. The money cannot be brought to PNG! Apparently it is all going to pay off the UBS loan but we don't have the actual facts on how the money is flowing out and how much to whom because as always the O'Neill government, followed meekly along by the Bank of PNG, isn't telling us any details. Even in a more general way, during the past couple weeks the O'Neill government and Loi Bakani, and obvious O'Neill stooge, has danced around this fact that all the LNG revenue was embargoed in Singapore without actually saying it. But now it is revealed. Without LNG money coming into PNG, there is no counteraction to the purchases of foreign money - thus, money leaving the country. The result is a declining kina.

Discerning minds out there will be asking another question. What the hell does LNG revenue have to do with the UBS loan which was used to purchase government shares in Oil Search? Simple. UBS didn't trust the PNG government to honour the loan agreement and make payments on time. They obviously had sussed out Peter O'Neill (and James Marape, and Patrick Pruaitch) accurately as being the conmen and scumbags that they really are. UBS needed secure collateral that it could get it's hands on if necessary should it look like the PNG government was screwing up its financial planning (like blowing out the 2015 budget on the Pacific Games!) and failed to make the loan payments on time. That collateral is in the form of the LNG revenue. Up to USD $400 billion in revenue can be effectively held hostage until the UBS loan is paid off.

Of course, it is the people of PNG who will ultimately suffer from Peter O'Neill's refusal to listen to anyone but his private pocketbook. The only reason why the prices of goods and service in PNG haven't started skyrocketing already is because the Australian and Chinese currencies themselves are in decline at the moment (but not nearly to the extent that the kina has been declining). Also on nearly all goods and services that we pay for in PNG, there have been cost savings that all of us have enjoyed because of lower petrol, diesel, and kero prices.

Unfortunately those buffers, just like the Bank of PNG's foreign currency reserves, are just about maxed out. When that happens, you're going to see a real collapse of the kina and when that occurs, you will wish to God above that you had woken up and actively organised everyone you knew to create a People Power Movement to push Peter O'Neill out of power. Now it's too late. We should kick him out of power, but only for the satisfaction of payback. The damage has been done and it cannot be reversed.

 by YAKAN LEPAKAILI
 
GOD OF ALL CREATION RULES AND DAY OF JUSTICE AGAINST EVIL, WICKEDNESS AND CORRUPTION IS EMINENT.

Judge stays the lawyers’ travel ban and reinstatement of sacked top fraud squad cops is a victory for the people of Papua New Guinea. Crafty politicians and bureaucrats devise schemes giving the ruthless and totalitarian regime the competitive advantage over rival political opponents. When interrogated by the media, put on the brave face and front media with purported explanation stating letter does not link to PM or to say, sacking not politically motivated.

Events evolved raises lot of eye brows revolving around Prime Minister’s authorisation of K71.8 million payments of controversial legal bills to Paul Paraka Lawyers executed by Lieutenant James Marape. Apparently, actions of Manasupe Zurenouc, Gari Baki and Mataio Rabura have correlational causation and aren’t isolated events. Arrogant Zurenouc, Baki and Rabura aren’t speaking with clear conscience for their hands are dirty so to speak.

Should the episodes we have witnessed unfolded in other developed economies, the tyranny of Peter O’Neil’s ruthless and totalitarian regime could have been dethroned long ago. However, taking advantage of ignorant people and intimidate MPs by withholding DSIP funds or giving drips and draps luring MPs to beef up numerical muscle to stay in power isn’t a sign of strength but a sign of weakness in totality. Such will not weather the storm and stay for long.

A body representing a Christian church on record has referred the conduct of politician turned clergyman to the Ombudsman Commission for possible violation of leadership code and tenets of governance as reported on Post courier, Friday, 9th October 2015. The people, Christian or not, they are the creation of the almighty God. Politicians and bureaucrats, at all material time, must not cheat and serve the people through the elected office with contempt.

Politicians and bureaucrats, in whatever capacity called to serve, you are placed in a position of influence to SERVE and NOT to be SERVED. You are to be the AGENT for CHANGE and not an AGENT for CORRUPTION.
Highly regarded and mostly revered monarchy the world has ever known for being the wises king in the ancient era, King Solomon has said on record, what is abominable to God is, “HAUGHTY EYES, A LYING TONGUE, A HEART THAT DEVISES WICKED PLANS, A FALSE WITNESS WHO BREATHES OUT LIES AND ONE WHO SHOWS DISCORD AMONG BROTHERS” (Proverbs 6: 16-19).

Does any of the above description fittingly describes the character of a government that does all of the above and host more not to serve but to be served?

The sacking of top Economic advisor Paul Flanagan (as revealed by leader of opposition – Post Courier Friday 9th October 2015), decommissioning of Don P. Polye as Treasury Minister on controversial USB loan, revocation of appointment of police commissioners and assistant commissioners, revocation of merit based appointment of solicitor general, sacking of two fraud squad cops, banning of Australian lawyers and now questioning the role of Chief Magistrate of PNG. Above episodes are typical of heart that devises wicked plans, a false witness who breathes out lies and shows discord among Papua New Guineans.
Reverting to previous comment about people are God’s creation, a minor prophet Zachariah says,…..“For whoever touches you touches the apple of His eye” (Zacc. 2:8). The implied message is, people are precious possession of God. Devising wicked plans in a bid to defraud the people, causing discord amongst comrades, telling lies time and again is contemptible in nature and is a crime against humanity.

The controversial UBS loan which was causing uneasy feelings within government ranks since the dubious loan arrangement was exposed by than disposed Treasury Minister has hit another blow. Secretive wheel and deals of corrupt Peter O’Neil has been leaked to mainstream media courtesy of Sydney Morning Heralds. NEC documents have found its way into mainstream media with mentioned of questionable characters in the likes of Jacob Weiss, Diari Vele and Isaac Lupari including divulging of IPBC and NPCP Board meeting minutes. Read more in detail at the website http://www.smh.com.au/business/energy/how-oil-search-deal-found-trouble-in-papua-20151008-gk43wn.html

EVIL WON’T AND WILL NOT RULE THE DAY FOR LONG. FOR FAIRNESS AND JUSTICE SAKE, THE DAYS WILL BE SHORTENED.

The innocent will continue to suffer and he’ll be back stronger and more powerful than ever in 2017 if people fail to mobilise around the country on MONDAY October 26th 2015. Start organizing now to mobilise. Don't wait for someone else to take the lead to organize. Do it for PNG. Take the lead and help organize the nationwide October 26th protest in your village or town or city. Ignore every person who opposes it and who tries to influence people not to participate in the nationwide protest on October 26th. The people who will tell lies and try to confuse people to try and stop the protest are traitors to the Constitution and the real enemies of PNG. It is our Constitutional Duty and our Constitutional Right as mandated by the Constitution to protest and we must do so on October 26th to save PNG

by  BRYAN KRAMER
 

Director of National Fraud & Anti-corruption Directorate Mathew Damaru was formally charged by Police under Section 197 of Criminal Code for allegedly making a false declaration and statement.
The provision is in the following terms;

"(1) A person who, on any occasion on which he is permitted or required by law to make a statement or declaration before a person authorized by law to permit it to be made before him, makes a statement or declaration before that person that is to his knowledge false in a material particular is guilty of a misdemeanour."

"Penalty: Imprisonment for a term not exceeding three years."
"(2) A person cannot be convicted of an offence against Subsection (1) on the uncorroborated testimony of one witness."

The charges relate to Contempt of Court proceedings filed against the Commissioner of Police Gary Baki by Damaru and his Deputy Director Timothy Gitua. Both Damaru and Gitua filed the proceedings alleging Baki interfered with or failed to adhere to effecting the warrant issued by the District Court to effect the arrest of the Secretary of Treasury Dairi Vele when Baki allegedly consented to Vele's lawyer's application to stay his arrest.

Baki is claiming the sworn affidavit by Damaru in support of the Contempt of Court proceedings against him was false. In that Baki never issued instructions consenting to stay the warrant against Vele.
Two weeks earlier Baki issued instructions to the Officer-In-Charge of Special Police Internal Investigation Team Inspector Jacob Ivaroa, a team set up under Baki's authority to charge Damaru, Gitua and their lawyer McRonald Nale for allegedly committing perjury.

Perjury is a criminal offence under Section 121(2) of the Criminal Code. The provision (section) states that perjury is a person who in any judicial (court) proceeding, or for the purpose of instituting any judicial proceedings, knowingly gives false testimony concerning any matter that is material to any question then depending in the proceedings or intended to be raised in the proceedings, is guilty of the crime of perjury.
On 1st October 2015 Inspector Ivarora applied for the warrants of arrest before the District Court. This is because the law states no person shall be charged for perjury without first obtaining a warrant (approved order from the Court to carryout an arrest).

However Senior Magistrate Cosmar Bidar refused to hear the application and adjourned it back to the Court Registry. Bidar raised the point that the issues relate to the charges that are in relation to the Contempt of Court proceedings against the Police Commissioner that is currently before the National Court and the warrant of arrest against Secretary of Treasury Dairi Vele which is currently before the District Court, both matters are still pending in court.

Bidar ruled it was appropriate Vele’s application to dismiss that warrant of arrest against him is dealt with first before the application against Damaru, Gitua and Nale is heard.
Without a arrest warrant, Damaru, Gitua and Nale could not be lawfully charged.

It seems the Commissioner hell bent on securing Damaru's arrest has now gone ahead and ordered he be charged under a separate provision under the Criminal Code, Section 197 that does not require a warrant but only corroborated testimony (supporting evidence) of more than one witness.

I'ts my view Damaru would have sufficient grounds to file for Judicial Review, moving an urgent application to stay his arrest for an abuse of process. Commissioner has already initiated the process to bring charges against Damaru for perjury, a similar charge that raises the same issues and facts. The Court made a clear ruling the matters raised are currently before the Court rather than accept and respecting the ruling Commissioner has seen fit to bring further charges raising the same issues.

Which also can be construed as amounting to contempt of court by deliberately and intentionally interfering with the administration of justice.

The question now arises what's the rush in arresting Director of Fraud? It gives the impression his arrest is a ploy to give reason to suspend him, strategically removing him from the cases involving the Prime Minister.
Right now Damaru and Gitua's cases against the Prime Minister are gaining traction they have successfully fought off every effort by the Prime Minister and Commissioner of Police to have them removed.

The Supreme Court has set a date in early November to hear their application to remove the stay preventing the Prime Minister's arrest. Since that ruling the Minister of Finance James Marape with the support of the Prime Minister, Paraka Lawyers and Commissioner of Police and Attorney General are now seeking to remove the two judges that ruled in favor of Fraud. Furthermore the Commissioner has now moved to effect their arrest. It's important to note these events are giving rise to a growing public interest and there is a real concern and risk the public may just decide to way in on the issue by exercising their right to stage public protest.

Damaru has just been released on K500 police bail.