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Top Defence officer faces referral over Moti affair
By SHEILA LASIBORI
THE Defence Force Board of Inquiry into the Moti saga has recommended
that former PNGDF Chief of Staff, Navy captain Aloysius Ur Tom, among
others, be referred to police for prosecution.
This was revealed yesterday by Dan Koeget, the lawyer representing Mr
Tom in a National Court proceeding that is seeking leave from the court
for a review into the jurisdiction of the board of inquiry chairman
Justice Gibbs Salika.
“There are certain findings of the board of inquiry. Whatever the
findings, the repercussions will affect my client,” Mr Koeget told
acting Chief Justice Sir Salamo Injia yesterday, while making
submissions that his client had an arguable case.
He told the court that whatever action the Minister for Defence took
would affect Mr Tom as he and others played certain major roles in using
the PNGDF CASA aircraft to transport fugitive Julian Moti to the Solomon
Islands.
“We need to protect our client’s interest,” he said.
Mr Koeget was specifically concerned that if Mr Tom was referred to
police (as recommended) for prosecution, it would affect his employment
in the force, tarnish his reputation if he was to seek future employment
in the private sector, and his family would also be affected.
Among other representations by several lawyers, Jubilee Tindiwi from the
Solicitor-General’s office, while representing the State, could not
clearly assist the court on Section 3 (1) (b) of the Board of Inquiry
Regulations (Chapter 74).
This provision, among others states that the inquiry chairman must be an
officer of the public service and be of the rank of colonel.
Ms Tindiwi told the court that Justice Salika had the rank of honorary
colonel but the court did not have copies of any affidavits as forms of
evidence.
“Don’t beat around the bush. You may have a point there,” Sir Salamo
told Ms Tindiwi when he could not find filed documents, when Ms Tindiwi
was submitting that Mr Tom did not have an arguable case.
But the court was concerned about sub-section (a) of S3 of Regulations
which stated that the inquiry chairman must be an officer in the Defence
Force of the rank of colonel or above.
The court then ordered that the Attorney-General, on behalf of counsel
assisting the inquiry, file an affidavit setting out the chairman’s
qualifications under S3 (1) (a) and (b) of the Regulations, before the
matter returns next Monday.
 
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