Saturday, November 1, 2014


You thieves – the curse of the criminal is upon you YOU will all die
And before your time too.
And when you do, your relatives and friends will be fighting over your stolen wealth even before the worms have had a chance at your flesh.
Your last fleeting thoughts will not be of the wealth you have amassed or of lovers and good times, but the relatives whose love you have spurned.
You will yearn, not for the warm flesh of a lover, but to hold the hand of a child who has long ago forgotten you are the parent.
That is the tragedy you do not seem to realise awaits you.
You have this mistaken thought that you will live far longer than you actually will or even that more money will improve or increase your lifespan.
The opposite is true.
I talk about you, daylight thieves, those who are bleeding this country dry, hell-bent on filling your own pockets while mothers and children go to bed hungry and fathers struggle from dawn to dusk every day of their lives and never see K100 in any one year.
I talk about you who sit in comfortable boardrooms or hotel rooms plotting just how much you can get from a certain project and never once thinking about how many jobs you are sacrificing or how many children’s futures you are selling short on.
The thieves must look to history and learn from it.

When a politician or businessman who has stolen too much dies, relatives are already squabbling over how to split up the person’s wealth before their flesh has grown cold in the grave.
That is what awaits you thieves out there.
Do you not know that those closest to you despise you the most?
They are the ones who talk because they know what you are doing.
They know you are stealing.
They know you are running off with another innocent man’s wife because you can afford to and wonder if you might be doing that to their own if you had the chance.
They know what they are given is pocket change to that which you retain.
And because they have friends and relatives, particularly children, whose futures you are robbing, they hate you.
You do realise, don’t you, that you are the loneliest person alive, even in a crowd of 10,000 people.
It is because you have painted yourself into a corner with your dishonesty and stealing that even your own wife and children do not know.
See, you have to present yourself as a decent, upright, principled, law-abiding father and husband so you hide your crimes from those closest to you.
You pretend to be somebody to your family which you are not.
You pretend to be good when you are actually a criminal.
You cannot share your innermost worries – your guilt – with your loved ones so you share them with your fellow criminals who despise you all the more and who talk nonstop behind your back.
Believe me, I know. I have heard enough over two decades to be able to make this statement with absolute conviction.
To the innocent, everyday questions we ask of your wife or child: “How is so and so?” and the answer comes back: “Oh, him. I do not know. He does his own thing.”
In the innocent is the truth and you stand condemned by it.
Your own family. They do not know what you do.
Worse, they are not interested. They do not wish to know.
So you see, you are alone also because those nearest you have distanced themselves.
They loathe you because you chose to hide them from the rest of the community which they like to be a part of.
They do not want to be shunned by the people, to share in your stolen wealth.
In a recent conversation, a friend said: “See, I can understand if they stole because they need it. But they do not need it. They have more than enough. And yet they continue to steal.” Neither can I.
And then there are those of you who think that Australia or Singapore or some other overseas destination is for you.

You hide your families from the rest of PNG society and you go off with your loot to those countries.
The world is small. When next time you are at dinner in one of these places, look around you.
You will see people casting glances at you and nudging each other and speaking in low tones.
What they are saying is: “This family is here at the expense of the poor starving people in their own country. They pretend to live it up here because they have stolen so much and are afraid of their own people in their own country.”
No, sir. You do not belong there and you know it.

 You have just unwittingly begun a journey, if you are not already there, which will see you and your kind become stateless individuals who are accepted neither at home nor in the other places their ill-gotten wealth takes them to.
It is not a healthy lifestyle you are leading, this career of stealing.
You are constantly harried and harassed.
You lead a life of worry.
People call you all sorts of good names in front of you for what you can give them.

They are not your friends.
Behind your back, they would not give two hoots if you died today.
Finally, you will leave no legacy behind but that which every thief leaves behind.
We know because we did not see you set one brick in place to build the kind of wealth Sir Brian Bell has built or that Mathias Merimba has built.
You have not struggled like Jerry Kapka who built up Congo Coffee so that hundreds of coffee growers can sell their produce to or Allan Bird who has built up a network where hundreds of vanilla farmers and crocodile farmers can sell their produce to.
These are the true salt of the earth, hard working and truly wealthy people.
There are many hundreds of them who strive quietly to improve the socio-economic conditions of their own lives and as they do, they also improve our lot as a nation.
Their wealth consists not only of money in the bank but loving families and relatives, the blessings and prayers of hundreds of thousands of appreciative people.
These rich people do not need to escape anywhere except for true rest and recreation. They are safe. Their families are treasured and protected by the people.
To the thieves: The curse of the criminal is upon you. You will be running forever – a fugitive until the grave.
The law might not catch up with you but you can neither escape the fury of your own conscience nor the curse of the people.
And to those individuals who have arrived at this line with increasing consternation and anger and think I should not have written this – this message is for them.



By Nemo Yalo
Democracy as we enjoy it is guaranteed under our Constitution. As Winston Churchill the former British Prime Minister said in 1947, democracy is not perfect, nothing is perfect, but it is the best form of government we have. Many things define our democracy: the system of government defined by three arms of government under which we have independent Constitutional offices, law enforcement agencies, etc. The government gets its legitimacy from the people who are, as the Constitution says, the source of the power to govern, the source of the power to legislate and the source of the power to adjudicate and administer justice. The power is to be exercised for their benefit. This is succinctly summed up in the famous words of former US President Abraham Lincoln on 19 November 1863: “Government of the people, for the people, by the people”. The government exercises its power through its various key agencies not just for the purposes of governance and public welfare but also in furtherance of the democratic ideals and values enshrined under our Constitution. These key agencies include Constitutional offices and State Services such as the police force.

Constitution: Primary Functions of the Police

Constitution Section 197 states that the primary functions of the police force are: “(1) to preserve peace and good order in the country and (2) to maintain and, as necessary, enforce the law in an impartial and objective manner”. The People through these simple words have conferred power on the Police Commissioner and every single officer in the force to exercise it without fear or favour treating everyone equally before the law regardless of their status or social class. The words are not just dry ink on paper. They are the voice of the People speaking through their Constitution. The Constitution says under Schedule 1.2.4: “A Constitutional Law speaks from time to time”. Numerous Supreme Courts have interpreted and applied these words to mean that the Constitution is a living document, an evolving law and its words (i.e. the voice of the People) speak from time to time as the occasion requires.

We assume that the primary function of the police force is one of the first of basics of all lessons taught to new intakes at Bomana and reminded everyday of their working lives each time they pull on their blue uniform to report to duty. The People look up to the police force to enforce the law, protect them, their rights and liberties and their property and prevent civil disorder. So the current police motto: “Securing a Safer Community” has basis from the Constitution. Securing and promoting a safe community, really?

Police Ill-discipline and Lawlessness

The law allows police legitimate use of force under specified circumstances. But think about allegations of policemen slashing off a student’s fingers with bush knife; slashing ankle tendons of multiple civilians; allegation of bashing up an academic and stealing personal belongings; terrorizing a person with canine police dog; chasing a wrong car, firing at and shooting dead an innocent child; allegedly assaulting detectives for doing their work and terrorizing innocent families; beating up suspects in full public view using vehicle fan belts; allegations almost on a daily basis where officers are drunk in uniform and abusing and assaulting members of the public thus acting as the prosecutor, the judge, the jury and the executioner at once; and the list goes on… The frequency of these criminal acts seems to be a clear statement of disrespect for their command and the hierarchy daring their superiors to touch them if they are men enough. Perhaps they know their superiors will not hold them to account. Every time the hierarchy announces that it has zero tolerance on such ill-discipline the public is quietly resigned to asking, ‘really’?

Division in the force is no secret. When and who is going to stop this and unify the force? When will the People see order in the force? Or will there be no order because every officer from top down belongs to a faction? So when one Commissioner is in office it is his faction to rule and this tribal culture continues each time a different Commissioner takes office. Even with intervention from Australian Government police human rights abuse and lack of professionalism, yes no doubt by a few, is getting worse. Australian tax payers are asking whether it is worth their continued support if their dollars and efforts yield little result. Where are we now with the Police Modernisation Program that came with a huge fanfare?

Then there are instances of public attacks on police officers? Are these opportunistic criminal attacks or they are they targeted and deliberate revenge attacks? The comments through social media offer insights into what some increasingly perceive of their police force. They suggest that the government is losing its legitimacy from the People unless it stops the police lawlessness and the continuous deprivation of civil rights and liberties.

What are Root Causes of Police Ill-discipline?

Before readers throw dirt at our police officers one should ask, where the police force once the nation’s pride has gone wrong. What may be the root causes of the breakdown of discipline and lawlessness within the force? Could the Bougainville crisis and the successive governments’ neglect to the necessity to rehabilitate and reintegrate our officers into civilian lives and service be one of the root causes? Police officers from all sections who were trained for civilian service were thrown into a warzone. They all experienced the hostilities and carnage of war and returned battle-hardened to their wives, families and their normal police duties to serve the civilian duties. This writer used to observe the behavior of soldier friends that returned from Bougainville during the crisis. To them their comrades mattered more than anyone. Even to this day they live for each other and they owe their lives to their comrades. One thing bad happens to a member of the unit and it hurts everyone as if they are part of the same human body. The experience may be no different to our police officers. This writer is not aware of any serious government intervention to help rehabilitate and integrate these battle-hardened police officers to perform their civilian duties. Regrettably the same neglect applies to the military personnel. In short the end result is the culture we find within the forces built over time. The new police recruits may be thrown into this deeply-rooted culture. Regrettably no government has ever considered addressing this institutional issue that is currently characterizing our police force today.

Then there is the political interference into the independence of the police force (and the military). This became so apparent during the August 2011 political impasse. We had two of everything from Prime Ministers to Ministers to Police Commissioners and Defence Force Commanders. It was done for pure personal political interests and was done without shame lacking moral conscience! The officers who were involved, and not just politicians, should cop the same. It has been the norm over the years that when there is a change of government it is time to change everything: Police Commissioner; Commander PNGDF; departmental heads; heads of statutory authorities and boards of State-owned enterprises. When political interference goes against natural succession within a disciplined force it affects the rank and file. When officers who do not possess merit are appointed to senior positions it destroys the morale within the force and lowers discipline. Politics is one of the single biggest causes of the destruction of the independence of the People’s police force.

Police officers are occasionally directed to be flown into Port Moresby from outside the city for political self-preservation rather than for public interest. Politicians are currently using police officers to guard them 24 hours. If they are receiving security allowance paid to them every fortnight through their salary they should employ private security guards as stipulated under the Salaries and Remuneration Commission Determinations. This does not apply to those officers deployed for close protection purposes to protect very limited number of VIPs. If leaders are receiving security allowances and yet use police officers for personal security this is double-dipping and is a breach of the leadership code and may well be criminal offence. Public officials other than politicians are continuing the same practice.

Political Affiliation and Privatised Police Force.

This practice can best be described as privatization of the police force. The nation’s police force is being used by some to prevent arrest and to prevent course of justice and rule of law. Why should police officers depart from their primary independent Constitutional functions unto which they all swore to serve? Our officers should take wisdom from George Washington former US President: “The Constitution is the guide which I will never abandon”. They must learn lessons from this sort of privatized police-type activities in apartheid South Africa. Citizens were kidnapped, jailed without charge, tortured and hanged in prisons. Zimbabwe Police Force has copped its fair share of criticism from both Zimbabweans and Amnesty International for alleged political bias and systematic violations of rights and liberties. In 2001 the Police Commissioner Augustine Chihuri openly and audaciously told Zimbabweans: “Many people say I am a Zanu PF. Today, I would like to make it public that I support Zanu PF because it is the ruling party. If any other party comes to power I will resign …” (Zanu PF is the name of President Robert Mugabe’s ruling party.) Sadly, we have our own share of police corruption generally and political association. Again our officers should note another of President Washington’s famous quote: “Associate yourself with men of good quality, if you esteem your own reputation; for ‘tis better to be alone than in bad company”.

Police Force Fundamental to Democracy

A well-disciplined independent police force is fundamental to democracy. It ensures, among others, that rule of law applies equally to all persons. Our officers owe it to their nation and their People. In a true democracy police apply the law passed by the Parliament. It is an entirely different matter if it subjects its own independence to executive orders and directions. When an independent police force is politicized and privatized by those in power be rest assured that the latter who are devoid of moral conscience will use threat and force to avoid and resist accountability and proper application of rule of law. We need no divine voice to tell us then that dictatorship has arrived on home soil, home-grown!


Factions of our police force, in the minority, lacking regard for rule of law, civil rights and liberties is a clear symptom of weakness in its hierarchy and institutional decay caused by the lack of government’s attention to address them. Let not the first stone be cast on these officers, though their ill-discipline we condone not. The government as the employer has the ultimate responsibility to re-instill discipline in the force. It must first start with keeping politics and self-interests out of the force. It must immediately address the inherent deep-rooted issues that are manifested in the symptoms we see on a daily basis. Establishing ad-hoc task force is a joke to the daily public pain and grief. It will not help root out deeply entrenched culture causing institutional decay. There can be no true democracy when the police force is a serious threat to it. If the police poses such a threat then it is indeed the employer and its political interference and its inaction that is the real threat to our nationhood, the Constitution and our democracy.
NEMA YALO is a Practising Lawyer, Former Counsel to Ombudsman Commission andFormer Acting National Court Judge.

Crime always pays for the corrupt educated elite in Papua New Guinea, including Rimbink Pato

Foreign Affairs and Immigration Minister Rimbink Pato joins an elite group of Papua New Guineans, including the Prime Minister himself (below) who have had their pictures taken with US President Obama and his wife.   We wonder if the President was told anything about the shady pasts of Pato and O’Neill.  Looks like the American Embassy and its CIA agents in Port Moresby need to pull up their socks.  Maybe the Secret Service too since they’re the ones with responsibility to protect the American president from any harm, including getting dirtied by being seen associated with corrupt politicians from banana republic governments. 

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Hopefully no corruption louse jumped off of these two onto the president and his missus when they touched shoulders.  But you’ve got to hand it to O’Neill and Pato.  They succeeded where Don Polye could not.  Even exaggerating his honourary, powerless appointment as World Bank Chairman into being something incredibly big and important to na├»ve citizens back home didn’t carry any weight with the US government.   Polye lost the competition to be photographed with Obama.  
We don’t need to go into O’Neill’s disreputable past, the public record all starts with the 1999 NPF fraud, of course, and has continued unabated with what is becoming countless scandals tied to the poor man.   The CIA doesn’t need any help to quickly find out all the details about O’Neill and don’t leave the Israelis out of the picture.  

The Duck’s dishonourable actions are less known so probably it’s time to bring up what has long been the conventional wisdom about Rimbink Pato in the high halls of power.   
Starting out as a lawyer in PNG is the first black mark against Rimbunk Pato since the alternative name for “lawyer” in PNG seems to be “money grubber”.   But The Duck has gone off in to other lucrative areas over the years.

The first fact about The Duck is that he’s been a pal of O’Neill’s ever since NPF days and in fact did his best to try and lesson the damage of the scandal for O’Neill.   This is why despite being only a first time MP, O’Neill quickly appointed Pato as Foreign Affairs and Immigration Minister and set him traveling around the world in luxury to conduct this, that and the other meetings with people important and unimportant.   It is his reward for past loyalty, much the same way as O’Neill has rewarded chronic gambler Isaac Lupari for helping him strongarm officials back in the late 1990’s when O’Neill was trying to drum up management contracts for his real estate business.

Rimbink Pato was Peter O’Neill’s lawyer, representing him during the infamous NPF inquiry that revealed to the world for the first time Peter O’Neill’s techniques for stealing money without getting caught.   Pato also took over Peter O’Neill’s position as Chairman of Pacific Finance Group of Companies and helped disappear evidence and otherwise protect his friend.   O’Neill’s principle position was in that Chairman’s position when he committed his NPF frauds with Jimmy Maladina.   

As Chairman of Pacific Finance Group of Companies, Pato awarded himself an employment contract valued at K300,000 per month, and obscene amount at the turn of the century.  He was also implicated around that time as one of two former chairmen of the old PNGBC who wrote off K50 million as bad debts to company's they had a personal, vested interest in.  Those are scams of a calibre almost worthy of comparison to Peter O’Neill!

Pato’s greatest claim to fame for many years in Port Moresby high social circles was his ability to pay kickbacks to people inside government to hire his obscenely priced legal services.   This included for awhile, doing work for Morobe Provincial government under Luther Wenge.

Yes, Rimbink Pato is proof that as one of the corrupt elite of PNG, you not only can get away with your crimes, but even get a photo standing next to the most powerful man in the world so he can show his grandkids what a respectable, honest fellow he is.

Friday, October 31, 2014

Update on the Frieda River project November 2014- How Should PNG Deal with Rouge Company Pan Aust Ltd?

On the 2nd of September 2014  the National Executive council deliberated on a joint submission endorsed by the Treasurer , The Minister for Mining and the Minister for  State enterprise and   unanimously agreed  in  Decision 265/2014 signed by the Prime Minister to reject the Sales of the Frieda  Mine by Xstrata to Pan Aust  Ltd and  for the State to exercise its rights as a partner in the Frieda Project to make a offer to Xstrata Glencore to acquire their  interest on the same terms and conditions as agreed to  between Pan Aust and Xstrata Lts reached on the 30th of September 2013 and to take over controlling interest in the Frieda Mine project.
Despite the Cabinet Decision and indeed the terms of the  Transfer of Sales Deed between Pan Aust Ltd and Xstrata  Glencore Ltd ,  which  is conditional upon  the approval of the Government of PNG to allow the sales to go forward,  Pan Aust  Ltd , Xstrata  Glencore and Highlands Pacific  Ltd continue to defy the PNG Government Position and instead  proceeded to inform the Market that  that it has obtained approval from the Government of PNG  for the sale to proceed . These three companies  have also misled a number of our State Agencies particularly the office of the State solicitor  and the Mineral Resource Authority  and the  office of the Prime Ministers   by  alluding to the Fact that  the Frieda project is in its Exploratory State and as such  under our mining Act  the project  has not reached a stage where the Government of PNG can buy into the Project  or    exercise its  rights  to take up the mandatory 30%  in the project as defined  in our Mining Act  .
These Rouge companies have gone further to  obtain a purported letter from the  Prime Minister to  give comfort to this fallacy and to use the letter to hood wink  a number of leading sate  agencies .   Well  This position is incorrect  .  Feasibility studies to under pin the resource base  of Frieda has  been ongoing since 1968 when  the ore body was first discovered.   The Final report in 2012 by Xstrata  puts a value on the ore body of  over US$200Billion on Frieda  with a  CAPEX of US$6Billion to realize. Frieda is past the Exploratory Stage . In 2012  the Minister of Mines through the MRA granted a extension of EL58 for another 12 month  Xstrata to look at the power supply options for Frieda as opposed to  additional  work  relating to  defining  the ore body.
It is now 2014 and under the proposal by Xstrata a MDC [ Mining Development Contract] should have been entered into with the state this year. This however did not occur instead we have a clown of a company that has entered   the mining  scene in PNG by Stealth and using our own people and resources to pull the wool over the eyes of our leaders and bureaucrats  and are now telling us that we cannot own and develop  Freida and that some how they are now the new owners and that if we want Frieda  we can only have 30% of it.  Well again they are wrong. PNG can and must now take control over its non renewable resources and the Cabinet has spoken. 
   State Agencies  are urged to maintain  and comply with NEC decision  265/014 .  Frieda Mine is the Largest reported undeveloped  resource in PNG  and  all Agencies of the State  and the office of the State Solicitor in Particular must take immediate remedial measure  to  deal with and protect the resources of our nation from falling into the hands of Selfish Predatory companies  and  individuals who thing that because PNG is a weak neo colonial State  they can buy their  way  around in our country  and use the ignorance of  our State Agencies and leader to steal and  rape our non renewable resources and to deal with our leaders and agencies of the Government with disdain and impunity.
The Attorney General , The Secretary of Justice  and the State Solicitor in particular must wake up and  be proactive in protecting our resources form Greedy foreign Companies and advice line departments to take  preventive measures to protect our  resources.
Under  Australian and PNG stock market  rules  reporting  false and misleading information to the stock market is an offence and State Agencies must  deal with these rough companies  by ensuring that  do not continue to mislead our  Leaders and the market and that the  board of  Pom Stock Market must immediately  delist Highlands Pacific from trading  and that IPBC  as the Largest Shareholder in  Highlands Pacific  calls up its Board and suspend  all dealings with Pan Aust Ltd in  Particular until  advised further by the state . That  IPA further ensures that no transfers take place  in the sale of Shares in Xstrata Frieda river Ltd  to Pan Aust Ltd  and the register of Mines does not transfer EL58 to pan Aust Ltd nor should it  deal in any way, shape of form with EL58 unless directed by NEC[ National Executive Council].