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Showing posts with the label Mathew Damaru

POST ANALYSIS ON PM'S LAWYER'S ARREST

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by BRYAN KRAMER

On Monday 11th April 2016 Members of the National Fraud and Anti-corruption Directorate charged the Prime Minister's Lawyer Ms Tiffany Twivey for one count of allegedly attempting to pervert justice.

It is a criminal offence prescribed or defined under Section 136 of the Criminal Code. The provision or section is expressed in the following terms:

136 ATTEMPTING TO PERVERT JUSTICE.

A person who attempts, in any way not specially defined in this Code, to obstruct, prevent, pervert or defeat the course of justice is guilty of a misdemeanour.

Penalty: Imprisonment for a term not exceeding two years.

The key elements to establish a person is guilty of attempting to prevent justice (1) they attempted -put a plan in action (2) with criminal intent (3) to obstruct; pervert or defeat (4) the course or administration of justice.

Each and every element must be proven to the criminal standard off prove, being beyond reasonable doubt. In other words after considering the evidence and …

O'NEILL AND MARAPE TRASHED BY FULL BENCH OF SUPREME COURT, EXPENSIVE QCs LOSE COURT FIGHT

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Breaking News: Supreme Court Discharges Orders Preventing the Arrest of Peter O'Neill and James Marape. In a unanimous decision of the Supreme Court this morning, the Supreme Court dismissed the Appeal by James Marape and further discharged restraining orders preventing the arrest of O'Neill and Marape in relation to payments made to Paraka Lawyers.
In this Appeal, James Marape filed taxation proceedings and used it to prevent the arrest of himself and O'Neill. The Supreme Court earlier issued blanket restraining orders against Police from arresting O'Neill, Marape and their lawyers/agents etc. This morning, the Supreme Court unanimously (all three members :- Hartshorne, Makail and Sawong) ruled that the Originating Summons does not raise any allegation that Police and members of Task-Force Sweep had abused the process or compromised their position in effecting the arrest. There is no claim that the Police are seeking to prevent the taxation proceeedings either
Now the Su…

SO PM'S LAWYER CLAIMS FRAUD SQUAD ARE ROGUE COPS - POLITICALLY MOTIVATED?

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byBRYAN KRAMER

Prime Minister Peter O'Neill’s infamous lawyer Ms Tiffany Twivey and for-hire political publicist Ms Merrell claim the recent arrest of Deputy Secretary of Treasury Mr. Aloysius Hamou was carried out by rogue cops though intimation and based on political motives.

Director of National Fraud & Anti-corruption Directorate Mathew Damaru and his Deputy Timothy Gitua laid formal charges against Mr. Hamou on Thursday 28th January 2016 under Section 92(1) of the Criminal Code (Abuse of Office). He was charged for his alleged part in the illegal procurement (purchase) of two turbine generators for K50 million paid to Israeli company LR Group by the Department of Treasury.

I broke the story on social media on Friday afternoon (29/1/16). An immediate response was issued from Ms Merrell and Ms Twivey. This was expected on account that their client, Peter O'Neill, is heavily implicated in the unlawful transaction. Ms Merrell posted a rather convoluted re…

DIRECTOR OF FRAUD FORMALLY CHARGED

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by  BRYAN KRAMER


Director of National Fraud & Anti-corruption Directorate Mathew Damaru was formally charged by Police under Section 197 of Criminal Code for allegedly making a false declaration and statement.
The provision is in the following terms;

"(1) A person who, on any occasion on which he is permitted or required by law to make a statement or declaration before a person authorized by law to permit it to be made before him, makes a statement or declaration before that person that is to his knowledge false in a material particular is guilty of a misdemeanour."

"Penalty: Imprisonment for a term not exceeding three years."
"(2) A person cannot be convicted of an offence against Subsection (1) on the uncorroborated testimony of one witness."

The charges relate to Contempt of Court proceedings filed against the Commissioner of Police Gary Baki by Damaru and his Deputy Director Timothy Gitua. Both Damaru and Gitua filed the proceedings alleg…

DISTRICT COURT REFUSES TO HEAR BAKI APPLICATION

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by BRYAN KRAMER

DISTRICT COURT REFUSES TO HEAR APPLICATION FOR WARRANT OF ARREST AGAINST DAMARU, GITUA & THEIR LAWYER.

This morning Officer-in-charge of Special Police Internal Investigation team Inspector Jacob Ivaroa set up under the authority of Commissioner of Police appeared in District Court before Senior Magistrate Cosmar Bidar seeking three warrants of arrest against Director of National Fraud & Anti-corruption Directorate Mathew Damaru , his former Deputy Timothy Gitua and their Lawyer McRonald Nale of Jema Lawyers.

Inspt. Ivaroa filed the motion yesterday (Wednesday 30/9/15) seeking the warrants of arrest against three gentlemen on the charges they committed perjury, a criminal offence under Section 121(2) of the Criminal Code

The provision states that perjury is a person who in any judicial (court) proceeding, or for the purpose of instituting any judicial proceedings, knowingly gives false testimony concerning any matter that is material to any question then dependi…

POLITICALLY CORRUPT RUNNING THE POLICE FORCE

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SUPREME COURT RULES AGAINST MARAPE AND PM'S APPEAL

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Supreme Court today dismissed the appeal by Minister of Finance James Marape challenging an earlier decision allowing Director of National Fraud & Anti-Corruption join the Supreme Court proceedings that issued a interim injunction against Marape and Prime Minister's arrest.

Marape's appeal to remove Damaru and Gitua was supported by the Prime Minister, Commissioner of Police and Attorney General and Paraka Lawyers. Damaru and Gitua were granted leave (permission) in March 2015 by Supreme Court Judge Terrence Higgins.

Supreme Court proceedings were initiated by Marape challenging an earlier decision by the National Court in July 2014 refusing Prime Minister and Marape's application seeking an interim stay order from the Court preventing Police from arresting them in relation to fraudulent payments to Paraka Lawyers.

After filing the SC proceedings Marape and Prime Minister then moved a further application asking SC to stay their arrest until the SC determines their appeal …

O'NIELL SACKS TWO DETECTIVES INVESTIGATING HIM

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TWO SENIOR DETECTIVES INVOLVED IN PM’S ARREST WARRANT TERMINATED:


Two veterans of the Police Force have been unceremoniously terminated in circumstances not isolated to the current cases pending in court relating to the Arrest Warrant against Prime Minister Peter O’Neill.
Chief Inspector Timothy Gitua and Assistant Commissioner of Police Thomas Eluh who are two of the officers at the forefront of the investigations against PM O’Neill had been terminated. These are two officers who have been serving the Royal Constabulary with distinction for many years.

“We believe that the two officers had been vindictively penalised by the Commissioner of Police and his deputy.” We have reason to believe that this decision, though not surprising, is not an isolated act but one that, in the whole scheme of things, is tailored and coordinated to frustrate and defeat the pending court cases against the PM. Although we do not question the Commissioner’s powers to take disciplinary actions, w…

THE STOOGING OF COMMISSIONERS OF POLICE

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by PAUL J REINBARA

Name alike, do alike –Geoffrey Vaki v Gari Baki
It is not an uncommon incident to see those who are named alike do alike. The two names Geoffrey Vaki and Gari Baki rhyme but do they in conduct? Some Commonalities observed are as follows.


APPOINTMENT

Both men were budded (taken from outside) into the post of the Commissioner of Police by the Prime Minister Peter O’Neill under very suspicious circumstances. The appointments were made amidst imminent arrest of PM O’Neill relating to his approval of fraudulent payments to controversial law firm Paul Paraka Lawyers.

The appointment and/or removal of Commissioner of Police just like any other head of a Department, goes through a merit based appointment process, which includes public advertisement, consultation with the Public Service Commission and NEC. Public records show that none of these processes were invoked in the appointment/removal of these two Commissioners.

THE FIRST ORDER OF BUSINESS AFTER APPOINTED AS COP

The…