Questions and Answers with Arnold Amet

RADIO AUSTRALIA


A prominent Papua New Guinean prosecutor has been demoted not long after pursuing allegations of misconduct against the Prime Minister.
Late last year, the acting public prosecutor Jim Wala Tamate sought to have a tribunal hear allegations Sir Michael Somare failed to lodge several financial statements.
But last week he was replaced as public prosecutor; PNG's opposition says it was because of his pursuit of Sir Michael.
But the Attorney-General Sir Arnold Ahmet says Mr Tamate's position was not renewed because of "performance issues".



Presenter: Liam Fox, PNG Correspondent
Speaker: Sir Arnold Ahmet, PNG Attorney General

Listen: Windows Media

SIR ARNOLD AHMET: The position of public prosecutor has been in acting mode for nearly two years which is quite inappropriate. The process that began in November-December last year. An advertisement went out for applicants. There were nine applicants, so a decision had to be made by the Judicial and Legal Services Commission as to an appointment of a substantive officer. So this was simply the process and, yes, the reason that Mr Tamate was not confirmed nor extended is one of performance. Essentially, the Judicial Legal Services Commission couldn't be satisfied on all of the applicants that a substantive appointment could be made. And so it resolved to appoint another senior officer on merit to act for a period of 12 months.

FOX: What are those non-performance issues?

SIR ARNOLD AHMET: Those are matters that are not necessarily advised of candidates, nor available publicly. The Judicial Commission in its judgement made the decision based on performance, performance in two areas principally for a position like that. It is one of the most senior legal positions like the public solicitor and the next level up a judge of legal performance in a character of responsibility and head of administrative management of the office, which reflects in the performance of that whole office. Those are often principally the basis for making appointments and or non-appointments into those offices.

FOX: Now as you're aware, there have been some comments by the Opposition and other people in Papua New Guinea that believe there's a connection between Mr. Tamate's replacement and his writing to the chief justice last year for a tribunal to be appointed into the allegations against Sir Michael. Is there any connection between that event?

SIR ARNOLD AHMET: Oh look, I can assure everybody our international partners, governments, all of Papua New Guinea unequivocally, unreservedly that there is absolutely no connection. We appointed and made the decision on merit and I want to assure everybody unequivocally that the legal and judicial process put in place will continue resiliently. It's not dependent on any individual incumbent or occupant. It is a totally independent process under our Constitution and if anybody should know, I do...as a former chief justice who is a senior member of the Judicial Commission, that appointed public prosecutors and judges and had administered that system of appointing tribunals that the system already in train and running will resiliently stand political pressures and presumptions and perceptions.

FOX: Mr Tamate still has a job, a position with the Justice Department, is that right?

SIR ARNOLD AHMET: Oh, he's still a senior state prosecutor. He's just now not the acting public prosecutor. So he'll continue to be a prosecutor, that's all that's happened. We haven't sacked him from the position. There's absolutely a misconception. He was an acting public prosecutor, he is a senior state prosecutor. He continues as a senior state prosecutor and perform all his duties. He's just not the acting public prosecutor anymore.

FOX: And to be clear, this is not a decision you made by yourself, is it?

SIR ARNOLD AHMET: Oh, absolutely not and I think this is where political commentators and unfortunately they misled our public. The Judicial and Legal Services Commission is comprised of the following, the attorney-general and minister for justice is the chairman. The senior members are the chief justice, the deputy chief justice, the chief Ombudsman and another member of parliament. It has been resilient and independent in its functions since independence. The attorney-general and the minister for justice is just the chairman amongst very imminent senior judicial and legal officers and constitutional office holders of the country. And I can unequivocally having served in that Commission in my years as the chief justice for ten years that its process and decisions are resilient and they are not subject to political influence.

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