Charges against Paraka dropped

By HEZRON KISING
A COURT has struck out all criminal charges against senior lawyer Paul Paraka for abuse of process.
Waigani District Court magistrate Mekeo Gauli ordered that Paraka be discharged and refunded his K50,000 bail bond.
Paraka was charged with 17 counts of conspiracy to defraud, five counts of stealing by false pretense and five counts of money laundering.
The court heard that on Sept 13, 2018, Paraka filed a notice of motion for the court to dismiss, strike out or withdraw all criminal charges in the proceeding on NCC No. 942-956 of 2014 between police and Paul Paraka.
He also submitted that the charges be struck out or dismissed for abuse of process and lack of jurisdiction.
On Nov 9, 2018, Paraka moved that all criminal charges against him be struck out.
He relied on his affidavit dated and filed on Sept 13, 2018, in which he emphasised: “I have not been formally and properly served with the police hand-up brief for five years.”
The court heard that the alleged offences were committed between April 24, 2007 and May 17, 2013.
Prosecution had not responded to Paraka’s affidavit.
It may appear that the applicant was putting his case before the court could decide on the evidence for the prosecution.
However, considering the decision of the Supreme Court in SC 1388 of 2014 on Constitutional Reference, the Sweep Team (Police Task Force) was abolished by the police commissioner and also by the National Executive Council decision No 191 of 2014 in June 2014.
These fresh charges against applicant Paraka were laid after the Sweep Team was abolished.
In The National newspaper on July 8, 2014, Prime Minister Peter O’Neil and then attorney-general Ano Pala published that Paraka lawyers were legally paid.
Even the officers of the secretary and attorney-general made legal clearance of the payment.
Magistrate Gauli granted Paraka’s application to strike out the charges.