Judge refuses application in Kramer tribunal

A LEADERSHIP Tribunal looking into 12 allegations against suspended Madang MP Bryan Kramer has refused an application by Public Prosecutor Pondros Kaluwin to amend a figure in one of the allegations.
Judge Lawrence Kangwia, refusing the application on behalf of the tribunal, said the tribunal had already reached maturity stage.
Kaluwin asked the tribunal to amend allegation 13 that between March 21 and Aug 21, last year, Kramer allegedly misappropriated K15,649,312.50 of the Madang district services improvement programme funds through the use of an associate company without following the procurement process in funding plant and equipment for emergency work on the Modilon road.
Kramer’s lawyer Miglshi Giruakonda opposed the application stating that the prosecution should be “prudent and diligent” in framing the allegation against Kramer.
“For Kaluwin to say that this is just a typographical error is not right,” Giruakonda said.
“It’s a great concern. Charges have been laid, it has reached wider media publication and the public perception is a great concern.
“The best option is to abandon allegation 13. That would be the proper cause of action.”
Kramer also objected that it was not fair to amend the allegation at this time.
Judge Kangwia, after consulting members of the tribunal, magistrates Josephine Nidue and Edward Komia, refused Kaluwin’s application and proceeded to trial.
State called former acting clerk of court for the committal court in Waigani Sarah Amet.
She confirmed receiving a letter from the Ombudsman Commission on May 19, 2020 asking her to provide several documents.
Amet also explained the processes in relation to preparing a warrant of arrest, and what happens after a magistrate hears the application and approves for it to be executed.
She said the clerk prepares two documents in relation to warrant of arrest, and the magistrate signs two original copies.
After a magistrate approves the warrant, one is given to police and other is placed in court file.
Defence and prosecutions did not ask further questions.
Giruakonda asked for an adjournment to Monday to allow them to prepare responses with questions for cross examination.
Kaluwin did not object to the adjournment.
Kangwia said defence had the right to be heard and adjourned to Monday.
There were 14 allegations initially raised against Kramer, however prosecutions had amended and abandoned two.
The tribunal will determine the remaining 12 allegations of misconduct in office.
Three allegations relate to social media publications purportedly scandalising the judiciary — namely the conduct of Chief Justice Sir Gibbs Salika — in suggesting a conflict of interest.
Other allegations against Kramer relate to decisions made by the Madang development authority to establish its own companies to deliver services.