Kondra awaits verdict of appeal against conviction

By DAPHNE WANI
THE Supreme Court will give a decision on an appeal filed by North Fly MP Boka Kondra regarding his conviction for misconduct in office by a leadership tribunal.
Kondra is also challenging the decision by the tribunal to recommend his dismissal from office.
Justice Don Sawong, Justice Nicholas Kirriwom and Justice Fraser Pitpit said they would give a decision at a later date after parties completed their submissions in Waigani yesterday.
Kondra’s lawyer Ian Molloy raised three grounds for appeal  on all six allegations of misconduct.
The first ground of appeal was that the tribunal had failed to establish if Kondra had an intention to apply the funds for his personal use.
Molloy submitted that Kondra was aware of the rental of his accommodation but he wasn’t aware where the funding was coming from.
Molloy submitted that other allegations that raised grounds were deprecate as well as the decision of the tribunal on its recommendation.
William Hagahuno, the lawyer representing the tribunal, argued that Kondra was a leader and also the chairman of the Joint District Planning (JDP) and Budget Priority Committee (BPC) and that he was aware of the payments.
Hagahuno submitted that the allocation of the funds for the payments was approved by the mp as the head of the JDP and BPC which was approved and signed by him (Kondra).
State lawyer Alice Nasu, from the Solicitor-General’s Office, agreed with submissions made by the tribunal lawyer.
The tribunal on April 27 found Kondra guilty on six allegations that related to “misconduct in office” and “misapplication” of public funds.
The offences were committed between 2008 and 2010 while Kondra was the North Fly MP.
The six allegations were grouped into three categories which included the misapplication of three amounts of funds and constitutional breaches under section 27 of the Constitution on Responsibilities of Office.
The first category included the misapplication of K85,276 from the district services improvement programme (DSIP) and district support grants (DSG) held by the North Fly District operating account.
Kondra was alleged to have misapplied these funds for office rentals in Kiunga, when he was already allocated funds in his salary.
The second category of allegations involved the misuse of K134,966 of DSIP and DSG funds to pay for Kondra’s housing rentals at Boroko in Port Moresby when he was already paid housing allowance.
The third category involved the misuse of K18,200 of DSIP and DSG funds to pay for an outstanding debt for car hire incurred during the 2007 general election campaigns.
Molloy asked the tribunal to impose other penalties as direct involvement of others resulted in no serious culpability.