SHEPPARD’S CLAIM HE DID NOTHING WRONG IS LAUGHABLE
Greg Sheppard PNG’s highest profile lawyer, recently for all the wrong reasons has warned the media not to publish any material from the secretly-filmed footage aired by SBS. He was referring to video footage that depicted himself and his firm's partner Harvey Maladina discussing how funds can be laundered out of PNG.
In his defence Sheppard argues he has done nothing wrong, the secret recording was done without his consent and a criminal act. He is seeking advice on that and considering his options.
Many Papua New Guineas from all walks of life, grass roots to professionals took to social media to vent their disgust after viewing the special report aired on SBS Date-line on Wednesday evening. The report explained how high-level Government Ministers launder funds overseas facilitated by reputable legal firms in PNG and Australia by inflating the legal fees billed to clients.
Mr. Marku Bake a member PNG’s largest social media group boasting 106,000 members said “Wake up PNGians from your ignorant slumber.......Am speechless and cannot sleep at all!”
Mr Nips Gerason responded “its such a deep cut to us PNGIANS, the majority of the populace live in poverty, a reflection of this is evident in almost everywhere you go in PNG. the cut to the chase here is this is just the tip of the iceberg the rot has been in this country since independence, cronies cashing in hefty jackpots, using every means to extort billions. I’ve seen the telecast its just stinking corrupt shit.”
Hans Columbus said: “How can the PNG Government bring in the AFP to help train the PNG Constabulary when they can't stop money laundering in their country??”
Ted Sine Auro who is a Civil Engineer and lives in Tari said “Where is the future for our beloved country Papua New Guinea when the very people (Politicians, top bureaucrats, the legal fraternity) that should protect the well fare and sovereignty of this country are laundering our nation's wealth through corrupt deals and investing it overseas while our country is falling apart???”
“Do these corrupt top shots when they live and drive around in the luxuries realise the struggle that almost 90% of our countrymen, countrywomen & innocent children are facing everyday because of these corrupt people's greed??? “
“Please my countrymen we have to do something here before it's too late.
Please God save my beautiful, wonderful, vibrant and Unique motherland of Papua New Guinea that I'll forever embrace and love.”
Thousands of comments followed after the report went viral. Most took issue with the fact a foreigner who has benefited from business interests earning millions of kina and recipient of distinguished medals bestowed on him by PNG to have made such despicable remarks about our country that has given him so much. Confirmed by his infamous remark acknowledging "it’s not wonderful [in PNG] but it’s not like I’m here for, my health.
Sheppard’s claim he has done nothing wrong is misconceived the Lawyers Act states unequivocally that lawyers admitted to practice are prohibited from illegal, dishonourable improper and unprofessional” practices.
For now the criminal allegations of money laundering facilitated by his firm is a separate issue reported to be subject of investigation by Australian Federal Police.
However it is beyond question both lawyers conduct depicted in the video is deplorable, dishonourable and unprofessional and the footage is evidence to that fact.
The Law Society must now move swiftly to invoke its powers under Section 53 of the lawyers Act to enquire into the improper conduct of both lawyers to have their practising certificates revoked forthwith. The Society may also invoke its powers under Section 8(c) to institute prosecutions.
Conduct by Sheppard may have also breached the conditions of his visa permit imposed on expatriates working in PNG, a matter for the PNG immigration to make inquiries into.
Sheppard’s defence is to blame the people who took the secret video without his permission and published as being a criminal act. He has made reference to the Protection of the Private Communications Act 1973.
It doesn't surprise me he has canvassed PNG legislation in a desperate effort to haemorrhage the fallout from the recent scandal, fortunately there is nothing there to afford him the comfort he seeks.
Private Communications Act is pre-independence law that protects the rights of people’s conversations being intercepted or recorded and used against them. It typically applies to restricting Police from setting up wires taps without first obtaining a warrant or by individuals for malicious purposes.
Section 3 of Act states where a person who uses a secret listening device to intercept or to attempt to intercept a private communication is guilty of an offence. Penalty a fine not exceeding K2,000 or imprisonment for a term not exceeding 12 months or both.
Section 4 relates to the use of illegally intercepted communications. The provision stipulates that a person who divulges (discloses) to another or publishes in any way any information obtained, to the knowledge of that person, by the prohibited interception of a private communication is guilty of an offence. Again the penalty a fine not exceeding K2,000 or imprisonment for a term not exceeding 12 months or both.
Sheppard accentuates it’s a criminal act in an effort suppress the media reporting details of the disgraceful report. It is important to note that there are no provisions in the criminal code that prescribe secretly recording a conversation without the other parties knowledge is a criminal offence.
However it is an offence prescribed under the Private Conversation Act. (section 3) The overseas journalist who secretly recorded the offence is liable to face summons or charges under Section 3 of Private Conversation Act. Regardless he has since left the country and PNG laws no longer apply him unless he returns any time in the future. It's important to note a person summoned or charged under Section 3 it is not an indictable offence (not serious criminal offence) and would only be summarily dealt with by the District Court. Journalist need only plead guilty and more than likely be fined (K1,000.00). It is rare that a competent court of law would apply a prison term taking into the account the circumstances of the case where a person committed the offence in the public interest and concern by exposing allegations of high level corruption.
It's reported Sheppard would be seeking recompense (compensation) for the fact he feels he is damaged. It’s my view Sheppard has no case for compensation because the law on Defamation Section 8 protects discussion on matters of public interest and concern and if the manner of the publication is such as is ordinarily and fairly used in the publication of news.
Further Section 9 provides protection for fair comment, the provision states it is lawful to publish a fair comment with respect to which the publication of a fair report in good faith for the information of the public is declared to be lawful by Section 8.
Further still Section 10 under Defamation Act provides protection of truth. It is lawful to publish defamatory matter if it is true, and if it is for the public benefit that the publication complained of should be made.
Lastly Section 11 provides for qualified protection, in that it is a lawful excuse for the publication of defamatory matter if the publication is made in good faith for the purposes of discussion of public interest and benefit, and if, so far as the defamatory matter consists of comment, the comment is fair.
The days of ignorant Papua New Guiean's are over!! Welcome to PNG Social Media...
