By MALUM NALU
OPPOSITION Leader Don Polye yesterday called on Public Prosecutor Pondros Kaluwin to step down after a case against Prime Minister Peter O’Neill was dismissed by the Supreme Court.
He said that the decision did not clear O’Neill of the substantive matter that was raised by the Ombudsman Commission.
“It does not clear the prime minister of his breaching constitutional processes that are enshrined in the Constitution of Papua New Guinea,” Polye claimed.
“The Supreme Court decision handed down by a five-man bench does not clear the prime minister of his wrongdoing, or otherwise, in the process that he used to get the K3 billion UBS loan.
“That substantive matter is still there – it should be addressed by the leadership tribunal. For the papers to give the perception that the prime minister is cleared is wrong – it is not true.
Polye said the Supreme Court found out that Kaluwin had erred in his amending the referrals made by the Ombudsman Commission.
“The Ombudsman Commission lawfully made a referral to the public prosecutor, who had a constitutional duty to make sure that the referral was technically correct and in the correct format.
“The law did not allow him to make any amendment – that was not in his line of duty or functions made by another constitutional office.
“When a constitutional office makes a reference to a leadership tribunal, like the Ombudsman Commission did, the public prosecutor does not have that mandate to make any amendments to the referral made by the Ombudsman Commission.
“When he did, he made some amendments, which were deliberate.” Polye said what Kaluwin did was “illegal and unconstitutional.
“It is a precedent for future public prosecutors to realise that they do not have any authority to alter an Ombudsman Commission referral.”
By MALUM NALU