STATUS UPDATE ON INVESTIGATIONS INTO ALLEGATIONS OF FRAUDULENT PAYMENTS TO PAUL PARAKA LAWYERS By Sam Koim As a result of the investigations carried out by ITFS, Mr Paul Paraka –Principal of Paul Paraka Lawyers was arrested and charged for K80million. Others who were charged in connection with the same case are Messrs Harvey Nii –Principal of Harvey Nii Lawyers, Kumuro Sino –Principal of Sino & Co Lawyers, Jack Kilipi –Principal of Kilipi Lawyers, Paul Othas –Principal of Paul Othas Lawyers, Jacob Yafai –Deputy Secretary for Finance, Steven Gibson –Secretary for Finance. Their cases are going through the normal committal proceedings at the District Court. Hon Don Polye and Hon James Marape were invited by the Police Commissioner for a police formal record of interview. They were scheduled to attend the interviews when a restraining order was obtained on 20th January 2014 preventing any action against persons named in the Originating Summons including Prime Minister Peter O’Neill, Opposition Leader Belden Namah, Minister James Marape and Mr Don Polye, amongst others. The proceedings were commenced by the Opposition Leader and three other policemen. The Police have filed an application to set aside the restraining orders and/or alternatively dismiss the entire proceedings but that application was adjourned with extension of stay orders for a couple of times and the new returnable date is 21st May 2014. Investigations are however still continuing on other fronts that are not covered by the restraining order. Whilst the mass media and social media feed on such allegations and scandals with zeal and vigour, the due process of the law must be respected. The general publics fascination with seeing prominent personalities in embarrassing situations have brought scandalous and corrupt behaviour into the limelight of our attention. Once that processes is invoked, the public, though keenly interested in the outcome, must respect the due process to take its course. In my respectful view, no investigations of a high profile case would be successful if we involve and feed the publics appetite to know every step of the way. Section 51 of the PNG Constitution provides for every citizens right to freedom of Information. That same provision however qualifies that right in that information relating to prevention, investigation and prosecution of a crime is not readily available to the public. Where and when appropriate, information is released to the public by the authorities. The judicial system was established to independently check the propriety of investigations. The procedural compliances and the merits of the investigations are thoroughly tested when the case is brought through the judicial process. The citizens have established those institutions through the Constitution and Parliament to perform those functions. The judicial hearings are conducted in open courts and public do have access to those hearings. Once the judiciary makes a determination, then that is when the investigations are vindicated. In the meantime, lets respect the due process of law. I hope that clarifies some misunderstandings. Thank you and God bless.
Posted on: Tue, 01 Apr 2014 22:14:00 +0000
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