Is the Speaker involved in a conflict of interest to appoint a billionaire to represent PNG at UNESCO?
On January 6 this year I was forced to take out a Court Order to restrain the Commissioner of Police, his agents or servants, in particular all members of the Royal Papua New Guinea Constabulary from assaulting or arresting me.
The same court order also restrained two other persons, namely Mr Kenneth Thomson, and Hon. Theodore Zurenuoc, MP, former Minister for Education and current Speaker of the National Parliament of Papua New Guinea, their agents, servants and their tribesmen from assaulting or threatening me.
This matter is returnable for mention on February 28.
It is rather unfortunate that I took this course of action but it was taken after I had exhausted all other avenues, including a meeting with the senior hierarchy of the Royal Papua New Guinea Constabulary to find a clear way forward in what has become a strenuous, tormenting, time consuming and expensive exercise for me personally.
It is rather regrettable that I am coming out in the media in such a manner but I have been tried and found guilty already by the media, thanks to the biased and sensational reporting done by the Sunday Chronicle newspaper. I feel this is one avenue I can make sense of what is happening, and at the same time present my side of the story.
In my position as the General Secretary of the National Commission of United Nations Education Scientific & Cultural Organisation (UNESCO) for PNG, I first laid an official complaint with police in July 2012 against Mr Kenneth Thomson who was a former Acting Corporate Director with the Commission. Mr Thompson was investigated by the National Fraud and Anti-Corruption Directorate of the RPNGC and on October 14 last year he was arrested and charged for the following offences:
1. Did dishonestly apply for his own use the sum of K80,886.25 which is the property of the Independent State of PNG (National Commission of UNESCO for PNG) thereby contravening Section 383(1)(a) of the Criminal Code Act, Chapter 262;
2. Being employed in the Public Service with the National Commission of UNESCO for PNG as the Legal officer and Director Corporate Services in abuse of his authority of office by receiving K92,886.25 monies allocated by the Independent State of PNG (National Commission of UNESCO for PNG) thereby contravening Section 92(1) of PNG Criminal Code Act; and
3. Being employed in the Public Service as the Legal officer and Director Corporate Services with the National Commission of UNESCO corruptly receives K92,886.25 benefits for himself in the discharge of duties of his office, thereby contravening Section 87(1)(a)(i) of the PNG Criminal Code Act.
In the interest of the State and acting upon advice I laid another official complaint with the Police Fraud Directorate on July 27 on the alleged impersonation by Mr Thomson in the appointment of a Lebanese national, namely Mr Taha Azmi Mikati, as PNG’s Permanent Ambassador for UNESCO based in Paris, France.
On November 20 last year I was advised in a letter by police that my complaint was assessed and screened by the Initial Action Team of the NFACD that there was criminal liabilities involved. The matter was officially registered and allocated to detectives to institute inquiries.
On December 21, 2012, Police Fraud detectives arrested and charged Mr Thomson with:
• One count of Interfering with the Head of State or Ministers under section 56(1)(a)(ii) of the Criminal Code Act of PNG;
• One count of Abuse of Office under section 92(1) of the Criminal Code Act of PNG;
• One count of False Pretence under section 404(1)(b) of the Criminal Code Act of PNG; and
• One count of Official Corruption under section 87(1)(b) of the Criminal Code Act of PNG.
I am alleging that between April and May 2012, Mr Thomson colluded with Mr Zurenuoc in his capacity then as the minister for Education, bypassed all the established government appointing authorities and illegally appointed Mr Mikati as PNG Ambassador to UNESCO.
I have provided as evidence an official letter of appointment dated April 4, 2012, signed by then Minister Zurenuoc. The letter was allegedly hand delivered by Mr Thomson as “Special Government Envoy” to Beirut when he was only a private citizen.
In the first instance, the board as the governing body and the secretariat as the implementing agency of the PNG National Commission for UNESCO were bypassed and were not aware of the appointment of Mr Mikati.
Secondly, the appointing authorities such as the Department of Foreign Affairs and Trade (DFAT) were not consulted as evidenced in a letter dated 08 July 2012 from Acting Foreign Affairs Secretary Ambassador Lucy Bogari to Chief Secretary to Government Manasupe Zurenuoc: “…the reported appointment of the Arab billionaire, Mr Taha Azmi Mikati…was never brought to the attention of the Department of Foreign Affairs and Trade. The appointed was reported to have been done by the Minister for Education, Hon. Theodore Zurenuoc, who clearly is not mandated to make such appointments...The appointment, without the knowledge of the Foreign Affairs Minister and the endorsement of the National Executive Council is therefore a serious violation of national security and sovereign interests. Appropriate action is to be taken to address and mitigate the above with regards to a Mr Kenneth Thomson, a former employee of the PNG UNESCO Commission and his part in the fiasco…it is important that the nationals involved in the said improper appointment are dealt with accordingly.”
DFAT in Diplomatic Note No. 812/2012 to UNESCO advised that the appointment of Mr Mikati does not enjoy formal recognition by the appointing authority, the NEC. Further, DFAT advised UNESCO that Mr Thomson “does not represent the Independent State of Papua New Guinea in any official capacity”.
In October 19, 2012, the Department of Justice and Attorney General, in a 16-page legal advice, stated that: “The purported appointment of Mr Mikati by Mr Zurenuoc jeopardized the integrity of the PNG government in terms of engaging a foreigner to assume a position reserved for PNG citizens, to represent PNG at the highest level. The appointment may be considered as bringing disgrace to Mr Zurenuoc's respective office as Minister for Education and Member of Parliament”.
The department made the following conclusion that:
• The Secretary-General of the Secretariat of the PNG National Commission for UNESCO is recognized both internationally and nationally as the person who is solely responsible for providing professional technical advisory assistance in all matters related to UNESCO business. Such matters include the selection and subsequent appointment of the PNG UNESCO Ambassador. He would be responsible for initiating the selection process for the ambassador position.
• Other officers such as Mr Kenneth Thomson do not have the official status to participate in such a process. Additionally, he did not possess the authority to present the instrument of appointment to Mr Mikati; and
• Head of State is the appointing authority and not any other person.
The Department of Justice and Attorney General further recommended in that same advise that: “Considering that the actions surrounding the appointment of Mr Mikati is tantamount to breach of the Leadership Code and Criminal Code, the matter be referred to the Ombudsman Commission and Fraud Squad for further investigation and the Office of the Public Prosecutor for prosecution purposes. The NIO may, where necessary, also participate in investigating Mr Mikati on the basis that he is a non-citizen engaged in the political affairs of PNG”.
Following Mr Thomson’s arrest on December 21, 2012, I believe a complaint was laid against me by Speaker Zurenuoc, for the misappropriation of state funds. There are many questions being raised in regard to that. The first that comes to mind is in what capacity did he lay the complaint? Certainly not as Education Minister. It will be also interesting to know where, when and how he laid the complaint because the allegations against me are being investigated by four police detectives who claim to be members of the Task Force Sweep Team. They began visiting my office, house and even the Port Moresby General Hospital where I was taking care of my sick wife. In almost all instances the police detectives were accompanied by Mr Thomson in a convoy of three vehicles with his tribesmen.
I was told that the Task Force Sweep Team closed down for the Christmas period on December 17 and was to resume later in January-early February this year. So whose directives were the police detectives taking to investigate me? Was the complaint officially laid with the NFACD or the Sweep Team? Even more important, who is funding the investigation. Three of the four detectives are not Port Moresby based. If Task Force Sweep accounts are closed then who is funding the investigation and the expenses of the investigators?
This appears to be a clear attempt by Mr Thomson and Mr Zurenuoc to pervert the cause of justice. It is a counter attack by the very people whom I am prosecuting. I as head of the responsible state agency am the initial complainant. How can the RPNGC allow itself to be used by the defendants to lay a counter allegation against me? Surely commonsense and logic would have it that the first case must be prosecuted before the second case can be considered, especially when the parties involved are the same in both cases?
There was a potentially volatile situation which would have seen two groups of police fraud investigators clashing so I sought an audience with the Acting Chief of Police Operations Mr Simon Kauba to find a way forward. I requested that as I was the first complainant, it would be logical and only fair that my case be prosecuted through first before police can entertain Mr Thomson and Speaker Zurenuoc’s allegations. However, he made a decision to allow both investigations to proceed at the same time, forcing me to take out the restraining order to avoid potential friction/clash between all parties involved and allow for commonsense to settle into the thinking of the powers that be.
I am being unnecessarily persecuted for simply carrying out my lawful duties and responsibilities as the Secretary General of the PNG National Commission for UNESCO by laying a formal complaint against Mr Thomson for serious criminal and administrative offences he committed and for impersonation as a special government envoy whilst a private citizen to make an illegal appointment of a foreigner as PNG’s Permanent Ambassador for UNESCO.
I am a public servant, and have served the public service in various capacities for the last 30 years. I stand ready to defend myself from the allegations lodged by Speaker Zurenuoc. I will not run away. I will answer my charges but it is only fair and based upon the rule of first come first serve that Mr Thomson must first answer to his charges.
Acting for the national interest and in the pursuit of justice, I remain respectfully,
Mr Yori Yei
Secretary General
PNG National Commission for UNESCO
