This is to clear the air on the illegitimacy of the payment of K71.8 Million to Paul Paraka. Firstly, Paul Paraka Lawyers did not have any outstanding legal bills from the State. Secondly, there was national Court injunction preventing any payments to Paul Paraka.
However, Back in early 2009, Paraka made two separate requests valuing at K6.8million and K6.4million against the Independence state of PNG but the state has refused to pay through the injunction taken when Bire Kimisopa was in charge on the grounds that there was no outstanding payments for whatever services provided to the people of PNG as claimed by Paraka Lawyers.
In 2010 Paraka took the matter to Supreme Court to set aside the National Court injunction but the higher court refused. Hence Paraka used different Law firms as payment conduits to get monies from the state by colluding with Ministers and bureaucrats at the Attorney General, Finance and treasury departments.
Knowing who Peter O’Neil was( crook), he made a long awaited request of K71.8 Million using the Prime Ministerial directive through the letter after he became the Prime Minister in 2011. But this was STILL ILLEGAL as the court injunction has stopped payment to Paraka without any exception from anyone including the Prime Minister.
Had the Attorney General did a thorough check on the legitimacy of the payment request served at the Finance department , it could have been picked up and thrashed out. However, Mr. Gibson wrote a footnote that “clearance must be done within 3 days or Finance will release the payment regardless” which was too short to undertake thorough legal clearance.
Therefore, the payment to Paul Paraka was fraudulent payment.
The justice miscarriage on Peter Oniel, Don Polye and James Marape due to complainant (Belden Namah) making early or separate arrest is not true.
A warrant of arrest by virtue is a notice to someone implicated in a crime to face court. In essence, it is a point of entry into the overall court process. It is similar to serving someone (accused) with a court paper. Hence, Belden’s arrest on the Trios though failed, has registered at the court for proper proceeding against them.
The primary offence is the payment of K71.8 million to Paraka against the court order.
The complainant has obtained all the documents that were signed and approved for monies to be released into the Law firm’s account including the bank transaction details which is sufficient to convict anyone implicated except the authenticity of the Letter from the prime Minister especially his signature.
Paul Teinsten was convicted for a similar offense but he ”never ordered” payment to Eremas Wartoto, he only “requested”. Judges could use that decision as a precedent for other similar cases so it is likely that the trio could face conviction.
The secondary offense is the trios being the recipients of the monies paid. Task force sweep has done extensive investigation in tracing bank transaction however, it was unknown what stage Task Force Sweep before the publishment of arrest notices on 7th January. ITFS Media release coming on the afternoon of the 7th January leaves a lot to be desire. However, the findings can be used as evidence at the court and it is detrimental that Sam Koim and Task Force Sweep to provide information that are factual and accurate as the court ruling will be purely determined them.
In conclusion, this court case will shake PNG. The O’Neil government is already on shaky grounds and many MPs are thinking about their reputation being with the government that is preaching anti-corruption but practiced it and chance of doing again is very likely.
Meanwhile, Opposition though, only 5 men out of the 111MPS in the national parliament, under resourced, only paid less than K2 million out of the K10 Million DSIP funds under the constitution, they are truly firm believers in good governance and anti-corruption unlike the MPs sitting in the middle bench or on the government side. They can make history if the Prime Minister and his 2 economical ministers are sent to jail and a new government is formed.
The nation must wait anxiously that a new government will be formed just before or after April 2014, all depending on the speed of the court proceeding. Keep your heads up.