K52mil misappropriation case set for ruling today

By DYLAN MURRAY
THE National Court will rule today on a no-case submission involving two lawyers, an executive assistant and three board directors alleged to have misappropriated K52 million.
Accused Greg Sheppard, of Perth, Australia, yesterday submitted through his lawyer, Ron Webb, that the alleged transfers from the Western people’s trust account to an account belonging to Young and William Lawyers was done legally.
“Therefore, there is no case,” the defence argued.
Judge David Cannings said he would deliver his ruling on the defence submissions today at 3pm.
“There is no evidence that the funds were applied to the use of Young and William (law firm),” Webb argued.
“Some of the funds transferred in were transferred out.”
He told the court that the funds that were transferred into the law firm’s account were to be used for and on behalf of the Western people.
The other defendants, Gloria Salika, 39, from Kulakea village in South Fly, Western; executive assistant Tabitha Malken, from Jambitanget village in Wosera-Gawi, East Sepik; and Ok Tedi Fly River Development Foundation Ltd board directors Boston Kasiman, Edna Oai and Annie Smerewai, were all represented by Edward Sasingian.
State prosecutor Helen Roalakona said there was enough evidence against all the accused, and that there were text messages that showed that the accused had conspired.
Roalakona said there was also evidence that two of the accused had received money outside the trust.
“Evidence shows that during the alleged period of the indictments, (named) received K58,000 and (named) received a sum of K161,500.”
Prosecution also argued that the recipients of these payments had arranged and facilitated a change of signatories on the people’s account, including evidence of a transfer from a commercial bank to the account of Young and William.
“There is evidence from Western that there was no knowledge of OTFR Development Foundation Limited,” she said.
“All accused should answer to the charges.”
However, defence lawyer Sasingian argued that there was no evidence of text messages that suggested there was a conspiracy.
He said the accused who facilitated the change in signatories were directed to do so.
Salika, Malken and Sheppard are being charged with one count of misappropriating K52 million belonging to the people of Western.
The three directors are each facing two counts of allegedly being involved in the transaction of the same K52 million, as well as another K216 million also belonging to the people of Western.