PRIME MINISTER CLAIMS HIS REFERRAL WAS LEAKED TO SOCIAL MEDIA.

By BRYAN KRAMER

Prime Minister Peter O'Neill has raised concerns that news of the public prosecutor's letter informing him about the referral was leaked on social media before it was officially announced. He also raised concerns that few individuals have been obtaining confidential information from government departments earlier before public announcements are being made.

He said he was forced to call a press conference to address the issue after posts on Facebook from Bryan Kramer, who previously ran for a parliamentary seat in Madang province." He said an investigative team will be formed to investigate such practices.

Before I provide a in-depth analysis of the Public Prosecutor's decision to refer Prime Minister to face leadership tribunal, canvassing the issue of his likely suspension, or dismissal from office I will first respond to the concerns and contentious issue raised by both the PM and his legal team of advisor's that his referral was controversially leaked.

I broke the story of the PM's referral on Social Media at around 7pm on Friday night. PM's lawyer Ms Twivey commented on my post claiming my media release of the PM's referral was highly improper and politically motivated. The PM later raised the same issue in his press statement when confirming his referral the next day (Saturday 15th November)

Ms Twivey statement on Social Media (Facebook SharpTalk) was in the following terms:

"Regarding any "referral" by the Public Prosecutor to the Chief Justice to appoint a leadership tribunal - I want to put on record that the Prime Minister has NOT been notified in ANY way shape or form of this referral - this is as at 9.28pm on Friday 14 November 2014. How is it that Bryan Kramer knows of the referral before the Prime Minister does ? At this precise moment in time I am unable to confirm whether what Bryan Kramer is saying is true or false about whether or not the Public Prosecutor has referred the PM's matter to the Chief Justice for the appointment of leadership tribunal. Certainly the PM, his lawyers, the Attorney General and the Justice Department know nothing about it. IF it is true- it smells as the PM should be the second to know - after the Chief Justice - and NOT Bryan Kramer - and if it is NOT true - it also smells. My main question is how Bryan Kramer (who Has run Three losing campaigns against the PM's PNC party candidate Nixon Duban - who won three times in a row)who is a political enemy of the PM's party PNC and who does not work in the Public Prosecutor's Office, THE office of the Prime Minister, the Dept of Justice, the National court or my firm - knows about the alleged "referral" before the PM or any of us in these departments or offices do ? This smells - anyway you look at it ! I STILL don't know if this is true or not. 6 hrs • Broadbeach, Australia • Public"

For the record both statements by the PM and his legal team are inaccurate, misconceived and misplaced. Ms Twivey statement that the Prime Minister has NOT been notified in ANY way shape or form of this referral on Friday 14 November 2014" seems to be inconsistent with the Prime Minister's own press statement where he is on record confirming receiving notice from Pubic Prosecutor on Friday 14th November.

The practice and procedure of both the Ombudsman Commission and Public Prosecutor in referring a person subject to the leadership code firstly involves service of the notice on the office of the appropriate authority and as a matter or courtesy and course on the accused. The Public are then notified straight after by issuing formal press release to the various media outlets. In this case the Public Prosecutor is required by law to only notify the CJ in writing followed by accused in this case being the Prime Minister.

The confirmed facts in relation to this issue is that PP served notice on the office of both the CJ and PM late Friday afternoon before issuing a press statement to the various media outlets at precisely 5:30pm, an hour and half before I posted the story on Social Media. The PM is on record confirming his office had been served by Public Prosecutor so there can be no dispute of any purported leaks

Any suggestion that the lack of notice or contention to improper notice is somehow an abuse of natural justice, politically motivated or can be relied on as grounds to have the allegations against the PM dismissed is flaw in law and fact.

Taking into account a person accused of allegations of misconduct in office has already been afforded the right to be heard and formally respond to the allegations against him. This procedure was covered under the Ombudsman Commission investigation and jurisdiction.

The PM's announcement of an investigative team to investigate such practices of purported leaks is welcomed. The starting point should be the incompetency of his own legal team misinforming him and the country. Had the PM highly paid legal team taken the time to educate themselves on leadership procedures practices and to confirm the facts it would have avoided embarrassing the Prime Minister and the important office he holds in such circumstances.

In the meantime I will continue to keep the public informed on the important national issues affecting the the country without fear or favour.

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