Gamato freed, relieved

By CHARLES MOI
SIDELINED electoral commissioner Patilias Gamato says he is relieved after the National Court in Waigani acquitted a charge of official corruption against him.
“I have always maintained my innocence,” Gamato told The National after the court decision yesterday.
“I have done the work and responsibility that was given to me as commissioner in honesty and truth.
“(I) am relieved, I am happy.”
Justice Teresa Berrigan, after a trial, acquitted Gamato of the charge of official corruption and conspiracy to commit official corruption after the State prosecutions failed to prove its case on the standard of proof of beyond reasonable doubt.
However, Gamato’s co-accused Terence Hetinu, the NCD election manager in 2017, was convicted of official corruption.
The charge against Gamato stemmed from an incident in June 27, 2017, when Hetinu was arrested by police driving away from an angry crowd at the China Town polling station at East Boroko in NCD during the general election.
Hetinu was in possession of K184,300 in cash together with a signed memorandum of agreement (MoA).
The MoA was between NCD regional candidate Michael Kandiu, Hetinu and Willie Winstand Ipuia, the coordinator or electoral agent for the Moresby North-East electorate for NCD.
The court heard that under the MoA, the parties agreed to “do such acts from time-to-time that shall cause or give effect to” the election of Kandiu for the NCD regional seat.
In return, Kandiu agreed to give Hetinu and Ipuia an undisclosed amount of money to be disbursed between them.
Justice Berrigan, in her judgment, said: “Gamato is not named in the agreement (MoA) and on its face receives no benefit from it.
“Gamato said that he told Hetinu that it was his responsibility as the election manager to find money within the system and process the claims for officials.
“He (Gamato) did not give him (Hetinu) any money.
“He (Gamato) agreed that carrying a large amount of cash on polling day was suspicious.”
Justice Berrigan said Gamato did not recall any incidents of borrowing money from an outside source in an emergency.
Justice Berrigan, in her finding, said: “There is no credible evidence Gamato gave the money to Hetinu.
“Hetinu’s evidence is of limited weight and lacks corroboration.
“The statements made by Gamato during the press conference either on their own or when taken with the totality of the other evidence, do not establish beyond reasonable doubt that Gamato received any money from Kandiu on account of paying polling officials to ensure the latter (Kandiu) won the election.
“Gamato is not named in the MoA, is not a signatory to it and does not receive any benefit under it.”