NATIONAL FRAUD & ANTI-CORRUPTION ARREST LANDS OFFICER
Police allege that prior to the 11th of November 2008, the accused now before this court had some form of a discussion with his co-accused namely Sheila Sukwianomb, who is also employed as the Director Legal & Policy Services by the Lands & Physical Planning Department.
It is allege that the discussion was in relation to making out a Improvement/Inspection Report regarding the vacant property identified as Allotment 58, Section 48 just opposite and adjacent to where Ms Shela Sukwianomb’s family resides at Waigani in the hope that the title or state lease of the property can then be revoked or forfeited and recommended to Ms Sheila Sukwianomb.
On the 11th of November 2008, the accused physically proceeded to Waigani where the property is located and did his Improvement Report. In his report he mentioned that the land had to be forfeited and tendered and also mentioned that Ms Sheila Sukwianomb – the legal Officer has shown interest over the subject land.
Police alleged that he failed to seek the views of the tenants and or the State Lease title holder of Allotment 58, Section 48 during and after his physical inspection and so based on his purported recommendations the Registrar of Titles issued another Land Title to Ms Sheila Sukwianomb for the same Allotment (58)and Section (48) without first getting the PNG Teachers’ Association Incorporation [ PNGTA] consent to surrender their original copy of the lease title before the forfeiture could take effect. Every procedures involved was hastly done to conceal and to fast track the dubious and fraudulent conversion of the land.
Police further alleged that the Purported No Cause Notice by Lands Department alleged to have been sent by registered mail to PNG Teachers’ Association Address was instead returned to the Lands Department because the Post Office Box number 6546 used by Lands to send the registered mail was closed or not in use at that material time. However, police believe that the accused before this court knowing the location of the property on which he based his purported recommendation would have physically delivered the Show Cause Notice or his co-accused Ms Sheila Sukwianomb who was living and residing just adjacent to the property would have done that as responsible officers.
Police investigations further revealed that the property in question was exempted from public advertisement in favour of Sheila Sukwianomb, this police believed was done so that the conversion or transfer of the property would not be known to the complainants [PNGTA].
The complainants became aware of the dubious and fraudulent transfer of their state lease Allotment 58, Section 48 on Tuesday December 11th 2012 through the National Newspaper when the property was put up for sale by Wils Real Estate.
The complainants immediately protested and engaged a lawyer to make an appeal on the dubious and fraudulent transfer of their property to the Department of Lands but without much success. On the 17th of December 2012 the PNGTA took out a CAVEAT on further dealings on the property until internal investigations by the Department is sanctioned but despite their pleas nothing was done so an official complaint was lodged with the National Fraud & Anti-Corruption Directorate to further conduct it’s own criminal investigations to ascertain all facts pertaining to the transfer.
Despite investigations been conducted by the National Fraud Squad into the allegations raised, with the full knowledge of the Lands department the co-accused Sheila Sukwianomb and Jethro Wala proceeded further to sell the property for K250, 000.00 to a new owner namely Raymond Pam – a third party.
POLICE INVESTIGATIONS:
Police fraud investigations have revealed elements of criminal intend in the manner the property was transferred without the consent of the State Lease Title Holder – the PNGTA. Even the Department of Lands did not get the State Lease Title Holder to surrender the original title before a new title would then be issued to the new title holder as required under Section 38 & 39 of the Land Registration Act 1981 and section 121 & 122 of the Land Act 1996. All established processes and procedures were done secretly to conceal this fraudulent transaction so that the chances of detection would be minimal.
The accused now before this court was responsible in making out that purported Land Improvement Report dated 11th November 2008, which made it possible for the fraudulent transfer to eventuate and a second title issued for the same section [48] and Allotment [58] as that of PNG Teachers’ Association and given to Sheila Sukwianomb and Jethro Wala as joint tenants.
The accused was arrested on Warrant of Arrest, cautioned, told of his constitutional rights and interrogated at the National Fraud & Anti-Corruption Directorate Office in regards to the allegations against him. He was then formally cautioned, arrested and charged with one count of Official Corruption under Section 87 [1][b] of the Criminal Code Act, Chapter 262 and locked in the Police Cells at Boroko Police Station.
