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By JOSHUA ARLO
THE Defence Board of Inquiry has recommended that Prime Minister Sir
Michael Somare and others be charged for breach of various laws over the
secret removal of Julian Moti to Solomon Islands last year.
Although the report is still with the Prime Minister and has not been
officially released, copies of it have been posted on the internet and
on the website of an Australian newspaper. A copy was emailed to The
National newspaper.
Those implicated in the report, including the Prime Minister and former
chief secretary Joshua Kalinoe, launched court actions to nullify the
entire inquiry and the report.
But this application was refused on Wednesday by Justice Bernard Sakora.
The inquiry headed by Justice Gibbs Salika had looked into the secret
flight on Oct 10 2006 spiriting ‘fugitive’ Julian Moti, presently the
attorney-general of Solomon Islands, to that country to evade arrest by
Australian authorities for child sex offences allegedly committed in
Vanuatu.
The inquiry was to establish who gave the orders, and what laws were
broken in the process.
In the 117-page report, the inquiry recommended that Sir Michael and
others be charged and prosecuted for breaching laws under the
Constitution, Civil Aviation Act and rules, Criminal Code, Migration and
Customs Acts and for contempt of court.
The board also recommends that Sir Michael, along with others, be
charged and prosecuted for perjury.
It said there was evidence to show clearly that the Prime Minister had
knowledge and was involved in the illegal escape of Moti from the
country to Solomon Islands, despite his continual denial before the
inquiry.
The report also found that evidence clearly showed that the actions of
all those involved in this illegal operation to get rid of Moti to the
Solomon Islands amount to a breach of various domestic laws apart form
the Civil Aviation Act and rules.
It recommends that the Department of Transport and Civil Aviation
Authority investigate these breaches and have all senior Defence Force
personnel Capt Tom Ur and Col Vagi Oala along with others involved in
this illegal operation charged and prosecuted.
The report which took the board over four months to make findings and
recommendations into the Moti affair, cost the State K1.6 million to
fund.
Sir Michael had consistently denied issuing specific instructions to
Government offices and his staff to arrange to have Moti flown out of
PNG using Government resources and facilities.
The report says: “The Prime Minister Sir Michael Somare, Mr Leonard
Louma, Prime Minister’s chief of staff, Mr Joshua Kalinoe, chief
secretary to the Government, Mr Joseph Assaigo, director-general of the
Office of Security Co-ordination and Assessment (OSCA), members of the
Defence Force particularly the then acting commander Capt Tom Ur and
other key players, who were involved in the planning and removal of Moti
out of PNG should be charged for violating the Constitution under
section 22 and be punished under section 2 of the Constitution.”
Mr Assaigo constantly maintained that the direction to get rid of Moti
came from the Prime Minister through Louma. Mr Assaigo was a junior
officer in rank compared to Mr Louma and Mr Kalinoe.
It continues that the reason for having them charged is that Sir Michael
issued the initial direction to get rid of Moti through Mr Louma who
then conveyed the directions to Mr Assaigo.
“Had the Prime Minister not issued this initial direction, there would
not have been any plan and action taken,” the report says.
 
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