Court allows Electoral Commissioner to travel outside NCD

By ZEDAIAH KANAU
Electoral Commissioner Patilias Gamato has been allowed to travel outside Port Moresby after his Waigani National Court bail condition was varied yesterday.
Justice Teresa Berrigan revised previous orders she made on Dec 9 prohibiting Gamato from leaving the National Capital District (NCD) without leave from the court.
The application for the bail variation was sought by Gamato’s lawyer Alice Kimbu who submitted that her client had up until now fulfilled his bail conditions but due to pressing work matters pertaining to his constitutional duties, he needed to travel out of NCD. “My client is the electoral commissioner of PNG and is tasked with constitutional responsibilities and there are certain number of matters that require him to travel out of NCD, hence this application,” Kimbu said.
“We have discussed (with the State lawyer) and agreed that for any such travel, my client (Gamato) can place a notice to the State (of his travel) instead of regularly coming to the court and making applications for variation,” she said.
Kimbu told Justice Berrigan that one of the reasons for the application was the by-election for Menyamya in Morobe which required Gamato to leave NCD.
Justice Berrigan had no issues with lifting Gamato’s travel restriction but told Kimbu that if Gamato were to leave for overseas, then section 23 of the bail act needed to be satisfied.
Kimbu submitted that Gamato was a Papua New Guinean, married, a constitutional office holder and had a permanent residence in the country.
State lawyer Helen Roalakona had no issues but said that if Gamato were to travel overseas then he had to satisfy s.23 and proposed that Gamato’s travel itinerary be given to the State prior to travel.
Berrigan then varied order 2 (b) of Gamato’s bail condition and made orders that if Gamato were to travel, then he must:

• NOT change address or leave NCD to travel within PNG without first notifying and giving three clear days’ notice to the Office of the Public Prosecutor; and,
• GIVE three clear days’ notice to the office of the Public Prosecutor before travelling overseas.

The substantive matter, which is before the Waigani committal court, returns on April 3 for submissions.
Gamato, 53, from Sapa village in Huon Gulf, Morobe, is facing charges of official corruption, dealing with criminal property and conspiracy to commit a crime.