Evidence supports ‘abuse’

By CHARLES MOI
THE Waigani National Court has found that Ialibu-Pangia MP Peter O’Neill has a case to answer concerning the purchase of two 15-megawatt (MW) diesel turbine generators from an Israeli company.
Justice David Cannings made the ruling yesterday after he rejected a no-case submission by O’Neill’s lawyer Greg Sheppard.
Justice Cannings said he had carefully looked at submissions from both the defence and the prosecution and determined that there was evidence to support the elements of the offence of abuse of office.
He said he would not make any comment concerning the weight and credibility of the evidence.
This ruling comes after Sheppard argued that O’Neill had no case to answer because the prosecution had provided no evidence or insufficient evidence to lawfully convict O’Neill.
Sheppard in his submissions relied on the testimony given by deputy governor of Bank of Papua New Guinea (BPNG) Joseph Teria who told the court on Friday that two payments made to buy the generators went through proper processes and procedures.
He also referred to the testimony of former PNG Power Ltd chief executive officer John Tangit, who told the court last week that he was aware that the generators would be bought through a memorandum of understanding signed in Israel.
Sheppard said Tangit’s testimony that PNG Power had got what it needed and that PNG Power did not have a say in the price of the generators was crucial point for the court to consider.
The State prosecution opposed the no-case submission and argued that they had provided sufficient evidence in the trial.
The State argued that there was no specific approval given by cabinet to purchase the generators.
It was alleged that O’Neill made a submission to Cabinet on March 5, 2014, seeking approval for PNG Power to purchase the two generators for K94 million, without disclosing that K50 million was paid already to LR Group on Dec 18, 2013.
And the remaining K44 million was paid on June 26, 2014, after then-finance minister James Marape issued an approval under the Independent Business Corporation Act 2002 and the Public Finance Management Act 1995 for PNG Power to enter into contract with the Israel company.
O’Neill is standing trial over allegations that the K50 million was paid when the purported contract of sale did not exist and without proper approval.
O’Neill has been charged with abuse of office.
The trial continues today.