Agon cleared, charges dropped

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By CLARISSA MOI
Misappropriation and abuse of office charges against National Gaming and Control Board (NGCB) chief executive officer Imelda Agon were yesterday dismissed by the Waigani Committal Court.
Magistrate Paul Nii said evidence provided by police was insufficient to commit Agon, 49, of Lafu village, Kavieng, New Ireland.
He said the police file had not shown any evidence of discussions by Agon that had directed payment to the Madang treasury account or of asking former prime minister Peter O’Neill and NGCB chairman Quentin Cholai for the funds to be diverted.
“Evidence shows the control of funds was between the former prime minister (O’Neill), former Madang MP Nixon Duban, Cholai and through the trustee members: deputy chairman Gregory Melides, trustees Ni Cragnolini and Oscar Yamuna.”
Police alleged that in December 2011, a project submission of K1.2 million for the Yagaum Health Centre was submitted to the NGCB which paid an initial K300,000 to the hospital’s bank account on May 2, 2012.
However, police alleged that of the K900,000 approved for the centre, K300,000 was paid into its account and K600,000 was diverted to the account of the Madang treasury.
Police alleged that the funds that were paid to the Madang treasury were supposed to be for Yagaum Health Centre but Agon had allowed the funds to be diverted and she was arrested for conspiracy, abuse of office and misappropriation.
The court upheld an application by police prosecutor Sergeant Chris Iga and withdrew the charge of conspiracy to defraud last Sept 1.
Agon’s lawyer Philip Tabuchi submitted that State witnesses had failed to connect Agon to the charges against her and had instead implicated Duban.
Magistrate Nii found no evidence that showed the defendant directed the NGCB to divert funds for the Yagaum hospital to the Madang treasury account. “On this basis, it is my decision that evidence is insufficient to make a case against the defendant for the charge of misappropriation that the defendant had dishonestly applied K600,000 of State money to the use of the former MP for Madang and, therefore, the charge of misappropriation is dismissed,” he said.
Magistrate Nii said although there was no evidence of Agon’s direct participation in the approval of the initial proposal for funding and diversion of funds to Madang treasury account, her participation was deemed as being directed by the board.