Court rejects appeal

A WAIGANI Committal Court has rejected an application by PNG Customs internal affairs director Brian Lillywhite to dismiss five charges of misappropriation and one of abuse of office against him.
The charges relate to Lillywhite’s alleged failure to destroy Customs firearms as instructed by the court.
Magistrate Paul Puri Nii said the case would proceed based on police evidence provided in court.
The case was adjourned until Sept 6.
“This is a sensitive matter dealing with firearms so the court will not dismiss the charges,” he said.
Police Prosecutor Senior Sergeant Chris Iga told the court that not all the firearms were given to the police, only some.
“I will have to confirm with the police investigator on the number of firearms that are with them,” he told the court.
In Feb 2012, PNG Customs and the Police National Criminal Intelligence Unit conducted a combined operation at Lae Port and searched a container where they found two M4 enhanced rifles and six pistols besides more than 200 live ammunitions and other contraband.
These were imports from the Philippines by the owner of KK Kingston and his employees.
The court ordered that the firearms and ammunitions be destroyed after 30 days.
The court further ordered that PNG Customs shall have the liberty of the firearm and contraband for which Lillywhite was responsible as the director.
It was alleged that Lillywhite had failed to produce indemnity receipts of the whereabouts of the contraband and dangerous goods when asked numerous times.
Lillywhite insisted that the firearms were with the police but did not provide any details on the handover of the “dangerous goods” to police.
It was alleged that five firearms under his safekeeping had gone missing and attempts to retrieve them were unsuccessful.
Police alleged that Lillywhite was responsible for the safekeeping of the firearms and ammunitions, and the contraband that went missing were with him.