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30 November 2013

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Shitload of names ....many who facilitate stealing and collect the crumbs from the table are not listed on the list.....they must be laughing away enjoying the spoils of their stealing .....but they're having sleepless nights....and many have moved on to the next dimension as well.

My father, the late Ben Pokanau, has been six feet under ground for almost four years now. I may not have a fair idea about this ongoing issue, but, I just need some clarification as to why he is still being mentioned.

The recommendations for prosecutions based on evidence presented to the commission of enquiry into finance set up by the Somare government is not conclusive and its recommendations were rushed and hence have yet more to come in before a final recommendation could have been realistic so to be accepted as of having any legal merit.

Therefore, a prosecutor or any investigator of the state cannot use the commissions' primary evidence presented to it, but must build or collect evidence from scratch and from the dust.

Hence, it will be another waste of government time and public money to have prosecutors collect evidence alone again, let alone, to commission another enqiry only see all the efforts once again collect dust in Waigani.

As expected, some legal eagles named in the Report have now applied to the Supreme Court to delay any action by the prosecution. They claim there has been some legal technicality that hasn't been properly addressed. If this tactic has worked for the last three years, why not try again?

This will be an acid test of the PNG Judiciary to see if this delaying tactic will work again?

After all, when you're on a good thing, why not stick to it especially when you may not have to pay for your legal representation? However, 'the cat is now out of the bag'.

Never mind addressing the Report's written claims. They're obviously irrelevant however if there are some errors of fact, then why not allow it to go to court to prove one's innocence?

If it looks like something wrong and smells like something wrong, chances are.....

My goodness!!!!!!

Let's hope it's not a case of 'Justice deferred is justice denied'.

If it is proven that those who have been mentioned have been benefiting from corruption, the deferral of these charges by three years has resulted in three more years of benefits to all those people.

There are four significant questions yet to be answered:

1: Will the O'Neill government allocate sufficient resources to have these matters dealt with expeditiously?

2: Will the Courts and the Judicial system prevent yet more obfuscation and delays in processing these cases?

3: Will the government seek not only restitution but also costs and interest owing on any amount that has been illegally obtained? and

4. Will the government allow those who are guilty to escape justice before the axe falls?

Punitive action is something some may immediately think of pursuing however cooler heads must sit back and deliver the real justice for all PNG people.

There has never been a more crucial test of PM O'Neill's leadership and resolve. The nation must be holding it's collective breath waiting to see what the answer will be.

Here's the nitty-gritty:

Based on the investigation reports, the Commission recommends the following persons be referred to the appropriate authorities mentioned below.

Ombudsman Commission

1. Isaac Lupari
2. Gabriel Yer
3. Thaddeus Kambanei
4. Francis Damem

Lawyers Statutory Committee

1. Zacchary Gelu
2. Francis Kuvi
3. Paul Paraka
4. Guguna Garo
5. John Sinaka Goava
6. Nicholas Tame
7. Mundua Kua
8. Joseph B Nanei
9. Francis Damem
10. Peter Pena
11. Danny Gonol
12. Simon Norum
13. Dan Kakaraya
14. Kumuro Sino
15. Dawa Agu-Klewaki
16. Bob Marley Nani
17. Eric Kiso
18. Gaure Odu
19. Daniel Kop
20. Jeffrey Abone
21. Neville Devete
22. Laias Paul Kandi

Attorney General/LTI Council

1.Billy Bonner

Civil Actions and Recovery

Pursuant to recommendations in individual matters investigated, the Commission
recommends the State to -

I. Set aside the
following Judgements -

National Court

Toka Enterprises Ltd
Leo Kainam
Pacific Paradise Corporation
Manoburn Earthmoving Ltd
Pacific Engineering & Repairs Ltd
Pacific Helicopters Ltd
Peter Yama
District Court
Andeka Tepoka

the following Deeds -

Peter Yama
Andrew Maid
Isaac Lupari
Umba Y Gabriel
Mountain Pearl Ltd
Pioneer Construction Ltd
Angela Dyra Morgan
Jimendi Enterprises Ltd
Kareana Estates Ltd
Nakitu Ltd
Tau Iiu
Ben Noel
"Wilfred Bongali
Lynette Malu
Paiyo Bale

the following Certificates of Taxation –

Mirupasi Lawyers - K2m
Paraka Lawyers - K800,000
Simon Norum Lawyers - K465,000
Simon Norum Lawyers - K462,000
Paulus Dowa Lawyers- K200.000

Commence recovery action against the following –

Walala Trading
Andeka Tepoka
Simon Wapo (Moko Esso)
John Poro
Jimmy Kendi
Nelson Wahune

Criminal Prosecutions

Benny Balepa
Wilfred Bongali
Wesley Aisora, Paul Kamakande, Dan Kakaraya, Dawa Agu-Klewaki
Dick Teman
5- Directors of IBK (PNG) Ltd
James Mobie Genaboro, James Towa, Wai Herumaho
Paiyo Bale
Paul Paraka, Gabriel Yer, Kumuro Sino
Tom Rangip
Daniel Kop, Jack Herepe
Dadi Toka, John Goava
Peter Yama
Hon. Andrew Maid, MP; Peter Pena; Jeffrey Abone
Joel Aundambui; Sam Kemaken
Moko Esso; Boas Hembehi; Alphonse Silas; Mary Martin; John Vailala
Kandaso Napi
Simon Norum, Raphael Appa
Jerry Luru, Thaddeus Kambanei, Simeon Manihia
Isaac Lupari, Gugunaj Garo ^illy Bonnerj Paul Paraka, Eric Kiso
Bruno Kaupa
Nelson Wahune, Francis Damem, Boas Hembehi, Jacob Yafai, Margoni
Wamanimbo, Simeon Manihia, Thaddeus Kambanei
Ben Pokanau, Ambrose Vakinap
John Poro
ZacchajxGglu
Francis Kuvi
Mundua Kua
Joseph B Nanei
Francis Damem
Peter Pena

I've just started ploughing through the over 800 pages of this report. I see they did not recommend an ICAC. They feared it would have "draconian powers of investigation, arrest and prosecution of offenders".

They felt there were "bodies" already in place which should have been adequate to deal with the corruption. Many people are named and many recommendations were made.

Unfortunately the corruption became worse and now the ICAC is needed, complete with draconian powers!

This is wonderful news. I have downloaded a copy but it will take me a long time to read it. Cathy Davani is one of my ex-Keravats and I always felt sorry that she and the others had done such a great job for nothing.

But the fact that, under Prime Minister O'Neill, this has happened says a lot. Let us hope Sam Koim and the future ICAC can start to work through all these cases.

They want to make the ICAC's work retrospective so here they have a minefield to occupy them for years.!

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