Court suspends Duban’s sentence

By BOURA GORU KILA
FORMER Madang MP Nixon Duban and co-accused Helen Kanimba, a senior public official who were both convicted for misappropriating K600,000 of public funds after a trial, had their sentences suspended on the condition that they repay Yagaum Rural Hospital significant sums within the next six months.
Sitting in the National Court in Madang, Judge David Cannings decided their sentences, especially in view of Duban’s poor health and Kanimba’s advanced age.
“For the case of Duban, he must pay the hospital K180,000 within six months after the date of sentence.
“In the case of Kanimba, she must pay the hospital K20,000 within six months after the date of sentence,” Cannings said.
The conditions of payment lapse on Nov 4, 2024, and both offenders are ordered to keep the peace and be of good behaviour until May 3, 2027. Cannings said there was evidence of a realistic prospect of partial restitution and in view of the poor health of the first offender and the advanced age of the second offender, a fully suspended sentence was appropriate.
“As to the amounts they will pay, I will not order full restitution. I don’t think that is realistic.
“I need to fix an amount that that are reasonable and realistic and from the hospital’s perspective, still meaningful and significant,” he said.
Duban, 47, of Hamo village in South Ambenob LLG, Madang, is in poor health. He is obese and diabetic.
Kanimba, 63, is from Giri village in Bogia, Madang.
In Mar-April 2013, when Duban was Madang MP, and Kanimba was Madang district treasurer, they misappropriated the money, by applying it to unauthorised and unlawful purposes.
The money was obtained from the National Gaming Control Board, which was required to be given to a public hospital for infrastructure and medical equipment purposes.
The funds were parked in the Madang district treasury operating account which was under the control of both offenders.
The funds were not applied to their intended use but instead diverted to other uses unrelated to the public hospital which included;

• Tumbuna Tracks Studios K200,000;
•  Yabob Lutheran Church K140,000;
•  Educational tour to Jayapura K202,616.90; and,
•  Financial assistance to students, Don Bosco Technical School K5,000, Ivan Kanimba K20,000, and Tingim Wanskin K30,000

Duban gave the instructions for the application of the funds to the above unlawful purposes and Kanimba complied with the instructions and facilitated the payments to the unauthorised recipients.