Hetinu convicted for corruptly receiving K184,300 from candidate

THE Waigani National Court has convicted former National Capital District (NCD) election manager Terence Hetinu for corruptly receiving K184,300 from a candidate to influence the outcome of the election for the NCD regional seat in the 2017 general election.
Justice Teresa Berrigan said the State had proved beyond reasonable doubt that Hetinu corruptly received the money for himself on account of paying polling officials and to ensure the NCD regional seat election win for candidate Michael Kandiu.
“Hetinu was the election manager responsible for NCD,” Justice Berrigan said.
“He had been an employee of the commission for 12 years.
“It was his responsibility to ensure that the elections were conducted freely and fairly for the purpose of ensuring that the official elected reflected the will of the people as enshrined in the Constitution.
“His receipt of money on account of interfering with that process for the purpose of ensuring the election of Kandiu was clearly dishonest according to the standards of honest and reasonable people.”
However, Justice Berrigan acquitted Hetinu on the charge of conspiracy to commit official corruption.
The court had conducted a joint trial for Hetinu and sidelined electoral commissioner Patilias Gamato.
According to the brief facts, on June 27, 2017, some polling officials in NCD refused to take up their polling stations that morning due to the non-payment of their camping allowances for the general election.
Gamato and Hetinu met at Gamato’s house to discuss the issue.
Gamato deferred the election to June 30, 2017, on the advice of then NCD Met Supt Benjamin Turi.
Sometime later on June 27, 2017, Hetinu was arrested by police driving away from an angry crowd at the China Town polling station at East Boroko. 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. During the trial, 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.
The court heard that in the event of Kandiu’s election, Hetinu was to be awarded all security contracts with the NCD Commission for a period of five years.
During Gamato’s daily press conference at 3pm on June 27, 2017, he told reporters that he was aware of the cash as some arrangements had been made to try to organise payments for outstanding camping allowances.
Justice Berrigan said: “It is not possible for me to say conclusively whether or not there were money available for the payment of allowances as on June 27, 2017.
“What I do conclusively find, and what is not in dispute, is that no camping or polling allowances had been paid to election officials or temporary election workers in NCD on or before June 27, 2017.
The court found that there were 370 polling teams comprising 2,590 polling officials in NCD in 2017.
Justice Berrigan said: “The critical facts are that he (Hetinu) agreed to receive benefits, namely money and contracts for the purpose of attempting to ensure the election of Kandiu. It is all there in black and white in the MoA to which he is a named party and signatory.”
Justice Berrigan said the evidence established that pursuant to the agreement, Hetinu received K184,300.