Court clears Tavatuna of charges

By TREVOR WAHUNE
THE Waigani Committal Court has dismissed a false pretence case of a former public servant after finding there was insufficient evidence against him.
Magistrate Cosmas Bidar on Friday dismissed the case of Department of Agriculture and Livestock (DAL) legal officer Francis Tavatuna after finding the evidences on the charges laid against him was intentionally filed by officials of DAL to dispose him. “Because Tavatuna, while employed as DAL’s legal officer was a whistle blower,” Magistrate Bidar said.
The case returned from a submissions hearing on July 22.
Tavatuna, 36, from Yawakaka village in Rabaul, East New Britain was accused of falsely obtaining legal training institute (LTI) transcripts, certificates, admission orders to get employed as DAL legal officer.
It was also alleged at the time of the offence, Tavatuna benefitted himself from state salaries from Nov 14, 2016 to May 14, 2017 through a six month contract on a grade 15 position.
However the court found affidavits by witness Pauline Mogish, who is the director of PNGLTI contradicted itself.
The court upheld submissions by Tavatuna’s lawyer Ramsey Pariwa from the office of the pubic solicitor that at first Mogish said Tavatuna was a student at the LTI, but later could not confirm that the accused graduated but relied on the list of students that went into LTI from the University of Papua New Guinea.
Magistrate Bidar said Mogish also submitted that Tavatuna’s name could not be located in the school file since when the school was first established in 1973.
“Tavatuna has a degree in law obtained from Waikato University in New Zealand, but does not have a certificate from LTI.
“In practicing law, there is a barrister, and there is a solicitor.
“A barrister is one who is admitted to the bar, and a solicitor is a person not admitted to the bar, but has a degree in law.
“However, a solicitor can still do legal office work as Tavatuna was doing.
“In PNG, we confuse ourselves by saying a barrister and a solicitor are the same thing, but in actual fact they are not,” Bidar said.