By JOSHUA ARLO
THE State has been directed by the Supreme Court to pay K100 million to former Sandaun governor John Tekwie for “malicious prosecution”.
A three-man bench Supreme Court chaired by Chief Justice Sir Mari Kapi last Wednesday directed the State to pay Mr Tekwie as “compensation for damages” for it’s malicious prosecution of Mr Tekwie.
The case stems from 1998 when Mr Tekwie was arrested and charged for allegedly misappropriating K61,000 of public funds under 1995 Transport Sectoral Fund.
Out on a K1,000 bail, he was committed to stand trial in the National Court despite arguing that the money was acquitted.
On April 19, 2001, National Court judge Justice Timothy Hinchliffe found that Mr Tekwie had no case to answer and acquitted him of the charge.
Mr Tekwie stood for elections in 2002 but lost, and blamed the loss on the case against him.
He asserted that that his reputation and personal integrity was ruined by the “false” allegation which was “politically engineered”.
In November 2003, he sued the State as first defendant, Detective Francis Namues as second defendant, State prosecutor Jimmy Wala as third defendant and Member for Nuku, Andrew Kumbakor as fourth defendant.
Det Namues was sued because of his role as the investigating officer into Mr Tekwie’s alleged crime, while Mr Wala was the prosecutor at the trial.
Mr Tekwie alleged that they were working with Mr Kumbakor.
In 2005, the National Court made a decision in favour of Mr Tekwie where liability against the State was granted.
However, no monetary figure was set.
The Attorney General instructed private law firm Paul Paraka Lawyers to appeal the judgment.
Paul Paraka Lawyers were preparing to defend the case and throw out the judgment when Justice Minister Bire Kimisopa directed that the firm cease work for the State.
The file was retrieved by the Solicitor General’s office, but was never prosecuted, leading to the Supreme Court ruling in favour of Mr Tekwie.
Mr Tekwie’s lawyer Norbert Kubak said yesterday they will now make assessment for damages, but confirmed that the registered claim is for K100 million.
Mr Tekwie said the case was about protecting someone’s character and image.
“By taking this matter to court I had sought compensation for malicious prosecution.
“I also wanted to set a solid precedence for the sake of protecting current and future good national leaders and send a warning to those who try to destroy good leaders to think carefully as personal interest perpetrated by greed and pride can mislead thousands of innocent (and) unsuspecting people in rural areas,” Mr Tekwie said.