NEW TWIST IN PARAKA SAGA - AG CLAIMS TASK FORCE SWEEP EVIDENCE FALSE

The AG and Minister for Justice Ano Pala has written to the Commissioner of Police Geoffrey to draw attention that will assist in police investigations the legality of the payments to Paul Paraka Lawyers.
"I have received all relevant material in the Department of Justice relating to the payment of Paraka's legal Bills that was used by the former investigating Task Force Sweep (ITFS) headed by Mr. Sam Koim" the Attorney General said.
We must be crystal clear on the claims made by Mr. Koim because new evidence has revealed that Mr. Koim said was false and misleading.
Mr. Koim based his case of illegality on an assertion that there was a Supreme Court Order staying the payment of Mr. Paraka's legal bills.
ITFS had claimed that Mr. Paraka had on various dates between 2012 and 2013 illegally received payments totalling K71.8 million from the State.
"However it is now clear that there was no Supreme Court Order staying or stopping the payment to Paraka Lawyers."
'Mr. Koim even confirmed this in an affidavit dated 17th June 2014, in relation to OS. No. 115 of 2014 (CC1).
What this means is that the orders of the National Court, dated 6th February 2007, that gave the then Attorney General the power and discretion to clear all legal bills of Paraka Lawyers pending the determination of the judicial review proceedings is still in force.
"There is no Supreme Court stay order against these National Court orders.
"Consequentially, there is nothing illegal or criminal about the payments of Paraka Lawyers legal bills by the State.
Whether the bills to the former national government are excessive or not is a different issue altogether for the State to consider and pursue under the relevant provisions of the Lawyers Act. This may include the State seeking an order for taxation of the lawyers bills.
The letter from the Attorney General to the Commissioner to the Commissioner of Police is attached to this news release.
Authorised for Release.
Hon Ano Pala CMG MP Attorney General and Minister for Justice.


The claims in the press release are in conflict with the recent ruling of the Supreme Court on Friday which upheld the appeal by the State striking down the previous National Court orders to pay Paraka Lawyers payments totalling K12.9 million.

It's reported the Supreme Court found the legal services provided by Paraka Lawyers to State (Govt) was illegal, did not comply with the tender or procurement processes stipulated in the Finance Management Act. Further the bills were not in taxable form meaning were not legitimate without any proper details of billable hours and costs.

The background facts to the case

In 2006 it's understood payments to Paraka Lawyers over the years totalled more than K300m. So in 2006 the Minister for Justice Bire Kimisopa issued orders to the Chief Secretary stopping any and all payments to Paul Paraka. Mr. Paraka then took the matter to Court filing proceedings in the National Court claiming further payments from the State totalling K12.9 million.

Paraka filed two separate National Court cases the first OS No 829 of 2006 claiming K6.499 million and second OS No 876 of 2006 claiming K6.438 million. Both cases were presided (heard) by late Justice Hinchcliff. The Judge ruled in favour of Paraka ordering the State to pay him the said amount.
The Minister Bire Kimisopa then filed an appeal in the Supreme Court to challenge the National Court rulings to stop the payments.

In March 2007 first case the Chief Justice Kapi granted a stay (stop) of the ruling of the National Court until the Supreme Court could hear the substantive appeal (grounds of the appeal).
Deputy Chief Justice Inja as he was back then also granted a stay order against the second case.
Last week Monday 30th June 2014 the Supreme Court finally heard substantive appeal. The Court handed down its decision four days later on Friday 4th July 2014 overruling the decision of the National Court finding the payments were illegal.

Details of the Supreme Court judgement will be published in the coming days.
Note: The Court is yet to rule on the K71.8m which the PM has denied approving. This issue is currently before the National Court set down for hearing on Wednesday 9 July and will be heard by Justice Catherine Davani. The same questions and issues in Supreme Court will also be raised and considered in the National Court whether or not a legal contract existed between Paraka Lawyers and the State (Govt). If the National Court supports the same view as the Supreme Court then it will be beyond doubt payments Paraka including K71.8m was illegal.

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