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  • Yafai fights back, appealing his conviction

    Former Deputy Secretary of Finance, Jacob Yafai, has launched an appeal against his conviction and 22-year prison sentence handed down by Chief Justice Sir Gibbs Salika earlier this month.

    Yafai was found guilty of unlawfully approving K41.8 million in payments to Paul Paraka Lawyers without verifying the legitimacy of the claims between 2011 and 2012. He was convicted on four counts of misappropriation and one count of abuse of office.

    According to the appeal filed by Yafai’s lawyer, Edward Sasingian of Sasingian Lawyers, it argues that the trial judge erred in both law and fact, and that Yafai was not personally responsible for the controversial K41.8 million payment.

    “The main contention is that Mr. Yafai did not authorize or process the payments to Paul Paraka Lawyers. He was not the officer directed to verify those claims,” Mr Sasingian said.

    During trial, the National Court found that Yafai acted dishonestly by failing to verify the Paraka payment when directed by the then Finance Secretary, the late Steven Gibson. However, in his appeal, Yafai will argue that no such direction was ever issued to him and that the verification responsibility fell under a different deputy secretary — Strategic Management, not his own portfolio as Deputy Secretary for Operations.

    According to recent Post-Courier report, the  appeal argues that in all the evidence before the court, Yafai was never directed by the Secretary for Finance to verify the claim by Paraka Lawyers.

    It is also argued that the trial Judge erred in mixed fact and law when he did not make a definitive finding of dishonesty against the appellant in accordance with the subjective and objective test and the established legal principles of dishonesty.

    Further, it is argued that the primary  judge erred in mixed facts and law when he excluded vital evidence in his decision, and there was apprehension of bias in accepting the evidence of the then Financen Minister and current Prime Minister, James Marape.

    These and other crucial grounds would be put before the Higher Court for it’s deliberation.

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  • Sri Lankan judge join PNG judiciary

    A Sri Lankan judge has officially joined the judiciary of Papua New Guinea, taking his oath as a judge of the Supreme and National Courts during a ceremony held at Government House in Konedobu this afternoon.

    The swearing-in was officiated by the Acting Governor-General and Chief Justice of Papua New Guinea, Sir Gibbs Salika.

    In a solemn ceremony steeped in judicial tradition, the new judge took his oath of office and allegiance before Sir Gibbs Salika, pledging to serve with integrity, impartiality, and dedication to upholding the Constitution and laws of Papua New Guinea.

    The new judge joins a distinguished panel of justices serving both the Supreme and National Courts of Papua New Guinea — the country’s highest institutions for interpreting the law and safeguarding justice.

    He is expected to commence his duties immediately, presiding over cases in both the appellate and trial jurisdictions of the courts.

    This latest appointment underscores the judiciary’s ongoing efforts to maintain efficiency, integrity, and credibility in the administration of justice across the nation.

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  • Nomane allowed to challenge Opposition Leadership

    Chuave MP and Opposition strongman James Nomane was allowed to challenge the Opposition Leadership.


    A full five-men Supreme Court bench unanimously granted Mr Nomane standing in his Section 18  Application to become the Opposition Leader.


    Nomane challenged the leadership of the Opposition under Douglas Tomuriesa, who was recognised by the Speaker as the Leader of the Opposition.


    Nomane claimed that he had the support of 10 out of the 18 Opposition MPs, which he argued was sufficient under the applicable law (namely, Section 64(2) of the Organic Law on the Integrity of Political Parties and Candidates (OLIPPAC)) to be recognised as Leader of the Opposition.


    Separately, he also challenged constitutional and parliamentary decisions regarding the motion of no confidence and amendments to Section 145 of the Constitution (relating to no-confidence motions) via the courts.

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  • Yafai sentence to 22 years in prison

    The National Court has just sentenced  Jacob Yafai to 22 years imprisonment.
    The sentence was handed down by Chief Justice Sir Gibbs Salika at the Waigani National Court.
    Jacob Yafai is the former deputy Secretary of the department of Finance and hails from Karapia village in Yangoru-Saussia district, East Sepik Province.
    He was charged with multiple counts relating to misuse of public funds: four counts of misappropriation and one count of abuse of office.
    The misappropriation relates to payments totalling K41.8 million made via the Finance Department to the law firm Paul Paraka Lawyers, during the years 2012-2013.
    The court noted that Yafai had failed to comply with instructions for him to verify the claims before settling.
    The Chief Justice therefore sentenced him 20 years for all the misappropriation changes and 2 years for abuse of office.
    The court made those four sentences concurrent so Yafai will serve a total of 22 years in prison.

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  • Yafai sentence to 22 years in prison

    The National Court has just sentenced  Jacob Yafai to 22 years imprisonment.
    The sentence was handed down by Chief Justice Sir Gibbs Salika at the Waigani National Court.
    Jacob Yafai is the former deputy Secretary of the department of Finance and hails from Karapia village in Yangoru-Saussia district, East Sepik Province.
    He was charged with multiple counts relating to misuse of public funds: four counts of misappropriation and one count of abuse of office.
    The misappropriation relates to payments totalling K41.8 million made via the Finance Department to the law firm Paul Paraka Lawyers, during the years 2012-2013.
    The court noted that Yafai had failed to comply with instructions for him to verify the claims before settling.
    The Chief Justice therefore sentenced him 20 years for all the misappropriation changes and 2 years for abuse of office.
    The court made those four sentences concurrent so Yafai will serve a total of 22 years in prison.

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  • Supreme Court allow review of Napanapa land issue

    The Supreme Court has allowed a landowner group of Napanapa in the Central province to challenge a decision of the National Court that removed them as recognized landowners.

    Chief Justice Sir Gibb’s Salika, sitting as a single Supreme Court judge, granted leave to Pastor Hanua Gadiki and his Rokurokuna sub-tribe of Koita to challenge the 2012 decision of the National Court that removed them as the landowners of the customary land described as DA5 – a land where the Napanapa PNG LNG refinery is situated.

    Pastor Gadiki and his Rokurokuna tribe of Koita were initially recognized as the legitimate landowners of the DA5 land by the Provincial Land Court in 2010.

    However, the opposing party- the Kuriu Incorporated Land Group- led by a Daure Gabe Pundi, applied to the National Court to review the decision of the Provincial Land Court.

    The National Court on July 18, 2012, ruled upheld the review Pundi and the Kuriu Incorporated Land Group and declared them as the principal traditional landowners of the DA5 Napanapa Land, replacing Pastor Hanua and his Rokurokuna sub-tribe of Kotia who were the initial principal traditional landowners of the subject land.

    The National Court during the ruling, did not refer the matter back to the Provincial Land Court or the Local Land Court to rehear and redetermine the traditional land dispute.

    This prompted Pastor Hanua to apply for leave in the Supreme Court to review the decision of the National Court.

    He argued that the National Court had erred in law and breached Section 3 and 26 of the Land Dispute Settlement Act in determining or declaring the ownership of the traditional land in dispute when it has no jurisdiction to do so.

    Pastor Hanua through his lawyer submitted during the leave application that there were case laws that supports the contention and that leave should be granted for the full Supreme Court to hear and determine the substantive issue.

    The questions posed to the court include;

    Whether the National Court has jurisdiction to determine ownership of traditional land or determine who the principal landowner is?


    And whether it is fair and just to allow the decision of the National Court to stand, contrary to Section 3(1) and 26 of the Land Dispute Act and the Supreme Court decision in Louis Lucian Siu vs Wasime Land Group Incoporated, and Simon Ekanda vs Hon Pila Niningi, Attorney General of Papua New Guinea.


    The Chief Justice after assessing the submissions, was satisfied with the grounds raised by the applicant (Pastor Hanua), noting that the application raised arguable grounds and therefore granted the leave sought.

    This means the substantive issue will go before a full Supreme Court bench to be heard and determined.

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  • Man found guilty of K5.3 million fraud

    A man charged with misappropriating K5.3 million was found guilty by the Waigani National Court in Port Moresby today.

    David Kumalau Pondros, 47, of Timoenai village in the Manus province is among list of others that were investigation by the Investigation Task Force Sweep (ITSF).

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    Mr Pondros obtained a K6 million under National Agriculture Development Program administered by the National Planning Department in the pretext of doing some projects but the Court found there was no evidence of spending K5.3m for the purposes of the project, according to social media post by the now disbanded Task Force Sweep Chairman Sam Koim.

    The matter was adjourned to May 8 for submissions on verdict.

    This is yet another success story of ITFS work.

    Meanwhile, Mr Pondros is currently serving a term of 5 years for misappropriating K400,000 to build a jetty in Oro province, another ITFS case.

    Mr Koim acknowledged the efforts by the Prosecutor, witnesses, and policemen involved in securing the conviction.

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  • Supreme Court refuse Ombudsman’s application

    A COURT application by the Ombudsman Commission to prevent Parliament from deliberating on the proposed increase on nomination fee and petition filing fee has been refused by the Supreme Court.

    This means the recent amendments to section 103(2) of the Constitution and section 87 and 209 of the Organic Law on the National, Provincial and Local-Level Government elections by parliament will remain.

    The Ombudsman Commission last month filed an application for an injunction to prevent Parliament from debating, deliberating and voting on National Election nomination fee and petition filing fee.

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    Waigani National and Supreme Courts

    The Supreme Court refused the application last Friday on grounds that it could not interfere with Parliament to deliberate on the proposed increase in nomination fees from K1000 to K10,000 and petition filing fee from K5000 to K20,000.

    The proposed law was to amend section 103(2) of the Constitution and sections 87 and 209 of the Organic Law on National and Provincial and Local-Level Government Elections. The Government needs two-thirds majority (75 MPs) to pass the constitutional amendment at the last session of Parliament starting on March 28 before the National Election.

    Prime Minister Peter O’Neill has welcomed the Supreme Court decision saying it would enable Parliament to decide if election nomination and petitioning fees would be adjusted.

    He said the proposed amendments would strengthen democratic process to enable true contenders to stand for elections, and would help prevent the malicious use of the court system after elections.

    “The proposed changes are commonsense and the Supreme Court has made its ruling.

    “It is now up to the Parliament to debate and then to vote on this issue, as is the democratic process of our country.

    “Ours is a robust democracy, a democracy where the rule of law is respected and protected, and this has been reinforced by the Supreme Court decision.

    “The proposed amendments to electoral laws will mark an important point in the ongoing evolution of the electoral process in our country.

    “A natural evolution of any economy is that prices and costs will increase over time.

    “Election nomination fee has not changed since 1992, while incomes have increased since 1992, consumer prices have increased since 1992 and it is only natural that other costs increase over a quarter of a century.

    “Too often we have seen our electoral process manipulated and distorted by people who are not seeking election, but are playing a strategic game to manipulate the outcome for other candidates.

    “We want serious contenders to stand for elections, men and women who are serious about representing their people and serving the collective interest of the nation.”
    Source: PC

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  • Young Papua New Guinean jailed abroad for murder

    A YOUNG Papua New Guinean was sentenced to 22 years in prison by the Australian court for willful murder.

    Sigaragh (Steven) Baea, 22, murdered the mother of his old school friend allegedly over jealousy.

    The Age reports that Baea must serve at least 17 years for the fit of rage in which he stabbed Prasad Somawansa 38 times in her Hoppers Crossing home on the night of February 18 last year.

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    Baea (left) who murdered Somawansa (right). 

    Baea and Mrs Somawansa’s son, Wishhasad, were at primary school together and rekindled their friendship early last year when they crossed paths in the street.

    About a week after that chance meeting, Baea arrived unannounced at the Somawansa home and stayed for dinner, only to return later that night and murder Mrs Somawansa, whose son had been paged by his SES unit and whose husband was in Brisbane on work.

    During the attack, Priyantha Hewage telephoned home and realised his wife of 22 years was in trouble when she answered the call. Mr Hewage heard his wife say “You go out, you go out, you go out” and then three times called out “Dos”, the name she called her husband.

    Baea lived in Australia with his family as a young child but endured a troubled life when his family returned to Papua New Guinea. Justice James Elliott said Baea found it a shock to see that his former classmate was brought up in a loving, supportive household.

    “You found the experience of witnessing two loving parents supporting their son in his life and studies quite confronting,” Justice Elliott told Baea in the Supreme Court on Tuesday.

    “You were jealous of Wish’s life.”

    Justice Elliott said he could not determine the exact reason Baea murdered Mrs Somawansa with a kitchen knife he always kept on him, but found it a brutal and unprovoked attack.

    “It was a vicious, gruesome and cowardly attack. You stabbed this defenceless woman in her own home violently and repeatedly … you only stopped stabbing her once she fell to floor, which is where you left her.”

    Outside court, Mr Somawansa, with his father standing next to him, said no sentence could make up for their loss. He had no answers for why his mother was attacked.

    “I just find it hard to understand how someone like that would do such a thing and how I could trust someone else if someone I thought was once a friend would do that to my own mother,” he said.

    “She was a beautiful person, she was loving, she was caring and she always wanted to do good for everyone else. I just wasn’t privileged enough to spend more time with her and to care for her and to repay her for making me who I am today.”

    The court heard Baea spent most of the following day in church contemplating what he did, before admitting his crime to police and then pleading guilty to murder.

    He told police that after Mr Somawansa dropped him off at a shopping centre, he returned to the Somawansa house to look for his myki card. Mrs Somawansa asked him to leave as she was on the phone to a friend.

    Justice Elliott said Mrs Somawansa had shown Baea only hospitality and courtesy, and that it was plain by her family’s victim impact statements that she would be “greatly missed”.

    Despite that, the judge said he could not be satisfied Baea had “murderous intent” as he walked to the house, although he was clearly angry.

    Baea was effectively abandoned by his parents as a teenager in Port Moresby, when his mother returned to Australia and remarried and his father began a relationship with another woman, which left Baea to raise his younger sister.

    Baea was in Australia after visiting his mother when he met Mr Somawansa. He was due to return to Port Moresby three days after the murder.

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  • FIVE NEW LAWYERS APPOINTED

    FIVE prominent lawyers have been appointed as Judges to the National and Supreme Courts recently at the Waigani Court House in Port Moresby.

    These five judges, in order of their seniority by the dates of their appointments are Justice Leka Nama Nablu, Justice Robert Lee Lindsay, Justice William Neil, Justice Terence Harold Foulds and Justice Jeffery Leonard Shepherd.

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    Papua New Guinea National and Supreme Court Judges

    Presiding over the ceremonial sitting in welcoming the five new judges was Deputy Chief Justice, Gibbs Salika as the Chief Justice Salamo Injia was attending funeral service for late Governor-General Sir Michael Ogio.

    The Court room was not filled to capacity but the ceremonial sitting proceeded on a high note with families, friends, National Judiciary Services staff, Media and spouses of the newly appointed judges witnessing the occasion.

    In welcoming the five new judges as members of the National Judiciary, Alfred Manase, one of the senior lawyers and a Council member of the Papua New Guinea Law Society, said the demands placed upon each of them by the home grown constitution would be at times very trying and difficult.

    “As you would have now realised, the demands placed upon each of you by the home grown constitution, and its people will be at times very trying and difficult. Dispensing justice in accordance with law in PNG is no easy task but one that requires commitment,” he said.

    Manase encouraged them to serve this nation with honesty.

    “As you join the current judges of the Court, place your trust, confidence and have faith in the grace of our Lord God Almighty and serve the National and Supreme Courts in this nation with honesty and integrity,” he said.

    Manase said Justices Nablu, Lindsay, Neill and Shepherd need not reminding of the constitutional mandate or duties as they have been performing and serving this country tirelessly over the years as lawyers but welcomed Justice Foulds.

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