POST ANALYSIS ON GEOFFREY VAKI’S CONVICTION - PART 1

by BRYAN KRAMER

On Wednesday 17th June 2015 the Chief Justice Salamo Injia convicted the former Commissioner of Police Geoffrey Vaki on two charges of contempt of court for failing to execute the Warrant of Arrest issued by District Court against Prime Minister Peter O’Neill.

The decision comes almost one year after Director of National Fraud & Anti-Corruption Directorate Mathew Damuru and his Deputy Timothy Gitua filed contempt proceedings against Vaki back in June 2014.

Before discussing the judgement and its significance in detail lets first visit some of the background facts to help put most of the issues raised in this case in context.

Damuru and Gitua were attached to Task Force Sweep Team who per the directive of Prime Minister on 13th May 2013 were investigating alleged fraudulent payments for legal bills of K71.8 million by the Finance Department to Paul Paraka Lawyers.

Prime Minister O'Neill issued the directive instructing amongst other things that "...a High Level Investigation must be conducted into the legality of the payments and settlements. The investigation team should be made up of Taskforce Sweep and Police Fraud Squad, with the support of the Australian Federal Police and Interpol."

Prime Minister issued the directive in response to the Opposition Leader Belden Namah (as he was then) making public a letter purportedly signed by the Prime Minister dated 24th January 2012 instructing the Minister of Treasury Don Polye (as he was then) to pay the outstanding legal bills owed to Paraka Lawyer. Prime Minister claimed he never signed the letter and his signature was forged.

In October 2013 Task Force Sweep after assessing the Paraka legal bills finding them to be fraudulent charged Paul Paraka principle of Paraka Lawyers on five counts of defrauding the State, nine counts of stealing by false pretence, two counts of money laundering and two counts of misappropriation.

In November 2013 following the charges against Paraka, Namah filed an official complaint against the Prime Minister over the Prime Minister’s alleged involvement in procuring fraudulent payments of K71.8m to Paraka Lawyers.

Commissioner of Police Tomai Kulunga as he was then referred Namah’s complaint to Sam Koim Chairman of Task Force Sweep (TFS). Investigations were carried out and its findings that Sydney-based private investigators believe the document purportedly signed by the Prime Minister was genuine. “We have now received the forensic examination report from the Sydney-based Forensic Document Services Pty Ltd confirming that the signature on the letter ... directing payments to Paraka Lawyers is PM O’Neill’s,” Mr Koim said. The evidence was sufficient to establish probable cause to believe that the Prime Minister was involved and guilty of committing Official Corruption by directing the payments to Paraka Lawyers.

Official Corruption is a criminal offence prescribed under the Section 87 of the Criminal Code. It relates to a person employed in the public service or holding any public office, who corruptly asks, receives, or procures (arranges) any property (including funds) or benefit for himself or any other person, is guilty of a crime. Penalty is imprisonment for a term not exceeding 7 years and a fine at the discretion of the Court. The provision (section) also states that a person cannot be arrested for Official Corruption without a Warrant.

A Warrant of Arrest is an official order of the Court compelling those it is directed to, in this case Police to arrest a person(s) accused of committing a crime and that they be brought before the Court to answer the charges against them.

Police have constitutional powers (Section 197(1)(2)) to arrest, charge and prosecute any person believed to have committed any offence(s) For most criminal offences Police do not require a Warrant to arrest and charge a person unless the particular offence defined under the Criminal Code says so, which is the case for Official Corruption.

The process for obtaining a Warrant of Arrest involves Police (investigating officer) moving a formal application before the District Court pursuant to Section 49 of the District Court Act. The provision prescribes that where information (police sworn statement of charges) is laid (submitted) before a Magistrate, that a person is suspected of having committed a criminal offence in PNG. Magistrate may then issue a warrant for the arrest of that person and cause him to be brought before the Court to answer to the information and to be further dealt with according to law.

The process of obtaining a warrant (court order) allows the Court to firstly independently consider whether the information is genuine and sufficient to warrant issuing an order for the person’s arrest.

So the Prime Minister is believed to have committed official corruption (criminal offence) for his part in allegedly procuring the fraudulent payments of K71.8m to the benefit of Paraka Lawyers. Evidence of this being his written instructions (letter dated 24th January 2012) to both the Minister of Treasury Don Polye and Minister of Finance James Marape to process the payments.

To effect Prime Minister’s arrest the investigating officer namely Gitua made a formal application (laid information) before the Chief Magistrate of the District Court for a Warrant as required by law (Section 87 of Criminal Code). Chief Magistrate after considering the information laid before her granted the Warrant on 12th June 2014.

The terms of the Warrant of Arrest directed or commanded Damaru and Gitua of National Fraud Squad including the Officer in Charge of Police (Commissioner of Police) and all members of the Police Force to arrest Prime Minister and to bring him before a Court of law to be dealt with according to law.

On 16th June 2014 Timothy Gitua in the company of Assistant Commissioner of Police for Crimes Thomas Eluh and Chief Superintendent Peter Guinness served the warrant of arrest together with letter from Commissioner of Police Tomai Kulunga on the Prime Minister at around 9:30am at his private business office at Konedobu in National Capital District (Remington).

Commissioner invited the Prime Minister for a formal interview. This letter reads:

"My dear Prime Minister”

“REQUEST FOR FORMAL RECORD OF INTERVIEW”

“With the greatest respect to yourself and your esteemed office, I refer to the above and request your attendance at the National Fraud and Anti-Corruption Directorate at Konedobu, National Capital District for a formal record of interview at 11.00am or 1.00pm on 16th June, 2014.”

“The interview relates to the allegations of fraudulent payments made to Paul Paraka Lawyers between February, 2012 (sic) and May 2013. The investigations were carried out at your request through a Prime Ministerial Directive issued under your hand dated 13th May, 2013.”

“Pursuant to the requirements of law, a warrant of arrest has been issued today, ordering police to arrest you. A copy of the warrant of arrest dated 12th June 2014 is enclosed herein for your reference. You would note that a warrant is a court order demanding police to effect your arrest.”

“It would help if you could make your way to the nominated time and place for a formal record of interview and answer questions that would be put to you formally.”

Yours sincerely,
(Signed)
Toami Kulunga, Kt, OBE, DPS, QPM
Commissioner of Police"

Out of respect for the high office the officers did not arrest the Prime Minister on the spot as required by the warrant but asked him to accompany them to Police Headquarters to be interviewed. However the Prime Minister refused, explaining he would first obtain advice from his lawyer and voluntarily turn up at the Police Station later that afternoon around 2pm.

Prime Minister fearing arrest instead rushed to Parliament House hiding behind Parliamentary Powers and Privileges Act that prohibits a Member of Parliament being arrested or the execution of any warrants within the precincts (grounds) of Parliament during Parliament Sittings. From Parliament the Prime Minister then issued instructions to his lawyer(s) to rush to Court to file an urgent application before the National Court staying (stopping) his arrest.

At around the same time Minister of Finance James Marape who was also facing charges over the same issue had initiated proceedings in the National Court against Paraka Lawyers seeking orders for the taxation (court assessment) of Paraka legal bills and a declaration that any bills paid in excess the amount be refunded by Paraka Lawyers and that any excess amount shall be deemed lawful and legal.

In other words Marape was trying to avoid criminal charges for his part in facilitating the fraudulent payments to Paraka Lawyers by trying to get the Court to legalise them through the process of taxation, seeking to have bills assessed by the Court and any excess (fraudulent payments) repaid.
Marape had filed the proceedings three months earlier in March 2014 after receiving a formal request for interview from the Commissioner of Police notifying him that “Police through the work of the Task Force Sweep have analysed the information that was gathered and are of the opinion that there is evidence of criminality implicating yourself in the complaint, hence the need to speak to you."

Through his lawyer, Marape requested for the interview to be deferred until the determination of certain National Court proceedings. While the proceedings were on foot (underway) Marape filed an application seeking an interim stay against his arrest pending the final determination of the proceedings however at the time the Prime Minister was facing his arrest Marape had yet to move his application.

Prime Ministers lawyers filed an urgent application joining Marape’s proceedings and sought a stay (stop) against his arrest until the Court had first determined whether or not the Paraka bills were lawful through the process of taxation. Marape also used the opportunity to move his application at the same hearing.

To be continued ....Part 2

Popular posts from this blog

MARAPE & PAITA ABOUT TO SIGN AWAY PNG GOLD

HIGHLANDS FRAUD F*CKS RUNNING GOVERNMENT AGENCY,,,

Connect PNG Unveiled: A Tale of Ambition, Scandal, and the Quest for Accountability

James Marape's Missteps Openly Exposed at Australian Forum

PNG GOVERNMENT MINISTER IN PORN VIDEO

James Marape: A Complex Political Trajectory

PNC CANDIDATE & FORMER NHC CEO FILMED WIFE HAVING SEX WITH COUSIN IN NHC CEO'S OFFICE