Category: courts

The ICAC case against former Kandep MP Don Polye collapsed in the Waigani District Court yesterday after a magistrate found there was insufficient evidence to support any of the allegations brought against him.

Senior Magistrate Paul Puri Nii dismissed all charges laid by the Independent Commission Against Corruption, ruling that the evidence presented failed to establish a sufficient basis for Polye to be committed to stand trial before a higher court.

The decision effectively brings to an end criminal proceedings that accused the former parliamentarian of attempting to pervert the course of justice, conspiring to defeat justice, and official corruption.

With the assistance of top criminal lawyer, Edward Sasingian, Polye walked out of the courtroom smiling.

The court examined whether the prosecution had presented enough credible and reliable evidence to justify a trial and after reviewing the case files and materials tendered by investigators, Magistrate Nii concluded that the evidence fell short of the legal threshold required for committal.

The court found that the prosecution had not produced direct and reliable evidence capable of substantiating the charges. It also noted the absence of sufficient corroborative material linking Polye to the alleged offences.

The ruling means the court was not satisfied that a properly instructed tribunal could reasonably convict based on the evidence presented.

The charges had attracted public interest due to Polye’s prominence in national politics and his long career in public service. However, the magistrate stressed that allegations alone were not enough and that criminal charges must be supported by credible evidence before a defendant can be ordered to stand trial.

The decision highlights the importance of thorough investigations and the need for prosecuting agencies to meet evidentiary requirements before bringing serious corruption related matters before the courts.

The Ombudsman Commission has escalated its pursuit of Chief Justice Sir Gibbs Salika by referring the matter directly to the National Executive Council despite the Acting Public Prosecutor dismissing all allegations against him for lack of evidence.

Chief Ombudsman Richard Pagen confirmed the move after the Commission invoked constitutional powers allowing it to proceed independently where it believes a matter has not been properly referred for prosecution.

The latest development follows Acting Public Prosecutor Helen Roalakona’s decision to drop all 50 misconduct allegations against Sir Gibbs after finding insufficient evidence to refer him to a leadership tribunal.

In a statement outlining its reasons, the Ombudsman Commission said it had “considered the matter and decided in its deliberate judgment” under Section 29(2) of the Constitution and Section 27(3) of the Organic Law on the Duties and Responsibilities of Leadership to refer the case directly to the NEC for the appointment of a tribunal.

The Commission argued that under the law it has authority to step in if the Public Prosecutor “fails to prosecute the matter within a reasonable period” or if the Commission believes the matter “has not been properly referred to the appropriate tribunal.”

It said the NEC, chaired by the Prime Minister, has constitutional responsibility to determine whether allegations against the Chief Justice warrant investigation by a tribunal.

Citing the Supreme Court Reference No. 3 of 2005, the Commission said the Constitution provides distinct grounds for the removal of law officers, including misconduct in office under the Leadership Code.

The statement further noted that Section 179 of the Constitution empowers the NEC to appoint a tribunal if it is “satisfied that the question of removal from office of the Chief Justice should be investigated.”

The Commission maintained that questions surrounding the referral process remained unresolved and informed Sir Gibbs of its decision to invoke its constitutional powers.

The referral to the Chairman of the National Executive Council was formally delivered yesterday morning, setting the stage for the NEC to decide whether a tribunal should be established to investigate the allegations against the country’s top judge.

Chief Justice Sir Gibbs Salika has been cleared of 50 misconduct allegations after the Office of the Public Prosecutor declared there was insufficient evidence to refer him to a Leadership Tribunal.

Acting Public Prosecutor Helen Roalakona announced the decision at a press conference this afternoon, bringing an end to months of scrutiny following a referral by the Ombudsman Commission.

Ms Roalakona said investigators closely examined the allegations, including claims relating to money received by the Chief Justice, but found the funds were derived from legitimate income sources that had already been declared in his annual statements.

She said the evidence presented by the Ombudsman Commission did not meet the threshold required for a tribunal referral.

The decision means Sir Gibbs will not face further leadership proceedings over the allegations.

The Office of the Public Prosecutor said its assessment was based strictly on the evidence available and the requirements of the law.

The National Court has refused an application by the Ok Tedi Fly River Development Foundation Limited to revoke restraining orders freezing more than K214 million held in three bank accounts amid allegations of misappropriation and dealings involving suspected criminal property.

In a recent decision delivered in Waigani, Justice Susan Berrigan ruled there were reasonable grounds to suspect the funds were linked to offences under the Criminal Code, including misappropriation and dealing with property reasonably suspected of being criminal property.

The case arose from an application by the Acting Public Prosecutor under the Proceeds of Crime Act 2022 seeking to preserve funds held in Credit Bank and Westpac accounts operated by the foundation. The restrained sums included K8.8 million, K15.5 million and nearly K190 million.

The court heard that the funds originated from the Western Province Community Mine Continuation Agreement dividend trust account established to hold Ok Tedi Mining dividends for the benefit of Western Province communities.

Justice Berrigan said investigations revealed large sums were transferred between various accounts without evidence of ministerial approval or compliance with trust conditions requiring the money to fund development projects.

“At the time of the application I was satisfied that there were reasonable grounds to suspect that the monies held in each of the three bank accounts identified above were instruments of the offence of misappropriation,” Justice Berrigan said.

The foundation argued the money lawfully belonged to it following National Court orders in 2018 appointing its trustee of the funds. It also relied on a 2024 criminal case in which several defendants were acquitted over related allegations.

However, Justice Berrigan ruled the earlier criminal decision was not binding in the proceeds of crime proceedings.

“The POCA specifically empowers the Public Prosecutor to bring proceedings seeking confiscation of tainted property both related to and separate from any criminal proceedings,” she said.

The judge also criticised the way millions of kina were moved through multiple accounts and withdrawn through cash transactions, directors’ fees, consultancy payments and allowances.

“In a little over a year, between January 2025 and January 2026, more than K10 million of the balance of the ANZ Trust Account was spent from three different accounts,” the judge observed.

Justice Berrigan further found there was an obvious drafting error in Section 57 of the Proceeds of Crime Act and interpreted the law to ensure the restraining orders remained valid while confiscation proceedings were before the court.

She said courts should use “good sense to remedy the situation” where legislation produces absurd results.

The court ultimately dismissed the foundation’s application, ruling the restraining orders had not lapsed and should remain in force pending further proceedings.