Deceit tops list, lawyer guilty

 A JUDGE says fraud, stealing and dishonesty related offences are committed more than other crimes. 

Deputy Chief Justice Sir Gibbs Salika made the remarks during the sentencing of lawyer Alois Kintau and co-accused Issac Tom relating to the misappropriation of K87,500. 

The court suspended the four-year jail term for Kintau and Tom after they repaid the money they took. 

Sir Gibbs warned both accused that the court would not show any sympathy if they committed another offence. 

“Both (Kintau and Tom) of you are lucky today,” Sir Gibbs said. 

Kintau and Tom pleaded guilty to misappropriating K87,500 between July 28, 2011, and Sept 29, 2011, in Port Moresby.

The money belonged to a client of Tom who intended to buy a property at Korobosea, in Port Moresby. 

The funds were deposited into Kintau’s law firm as trust funds until the sale of the property was completed. 

Sale of the property at Korobosea never eventuated, which prompted the victim to ask Tom to return the money. But the money was not returned.

That prompted the victim to lodge a complaint with the police.  

Kintau and Tom entered early guilty pleas in court on June 14 and asked for mercy. 

Kintau, 42, from Manam Island, Bogia district, Madang, has been practising law in the national and supreme courts for over 18 years. 

Tom, 42, is from Tari, in Hela, and was a sales consultant with a private real estate company at the time of the offence. 

The mitigating factors of the charge were that both men were first-time offenders, pleaded guilty and co-operated with police. 

The aggravating factors of the case were the amount of money involved and the position of trust Kintau and Tom held. 

Sir Gibbs said the statutory committee of the PNG Law Society would have to see if Kintau fit to practise as a lawyer in PNG. 

Sir Gibbs said Kintau had brought the law profession into disrepute.