Lelang begs for mercy

By ELIAS NANAU

SUSPENDED Kandrian-Gloucester MP Joseph Lelang yesterday pleaded for mercy and a lesser penalty for breaching the Leadership Code.

Lelang asked the Leadership Tribunal, chaired by Justice Salatiel Lenalia, to reprimand him by way of a fine and not to dismiss him from office.

Public Prosecutor Pondros Kaluwin agreed that a fine would be appropriate as the case was similar to previous cases that did not warrant the ultimate penalty of dismissal from office. 

However, he stressed that imposing a fine less than the maximum amount would send the wrong signal to other persons covered by the Leadership Code.

Lelang has pleaded guilty to four charges of failing to submit annual returns on time and failure to comply with the Leadership Code. 

He was then the acting secretary of the national planning and monitoring department between 2007 and 2009.

His lawyer, Philemon Korowi, told the tribunal that the public prosecutor had included two additional charges after the Ombudsman Commission had specified the charges.

“While the leader pleaded guilty to the four charges, we would question the other two charges,” Korowi said, adding that it raised serious legal questions. 

“The introduction of the charges is a duplication of the same act against the leader,” he said.

The tribunal was furnished with references from opposition leader Belden Namah and NCD metropolitan ocommander Supt Andy Bawa in support of Lelang.

Namah said in his reference that dismissal from office would be unjust to the people of Kandrian-Gloucester as Lelang was a young leader with potential.

Namah also stated that Lelang had initiated several rolling plans for the development of the country, including the Medium Term Development Plan 2010-15.

Korowi told the tribunal that Lelang’s charges were similar to that of Abau MP Sir Puka Temu, who was fined but not dismissed from office.

He added that there was no serious culpability on the part of Lelang and that “public good and public policy” should be considered by the tribunal in deciding on the appropriate penalty.

Prosecutor Kaluwin said: “Considering the totality of the facts of this case, I submit that there is serious culpability on the part of the leader in not submitting annual statements in time to the Ombudsman Commission.

“However, comparing the circumstances of this case and to other tribunal matters and decisions, public policy and public good do not require the ultimate penalty to be imposed.”

Kaluwin suggested a fine to be imposed but he stressed giving lesser than the maximum amount would demean the purposes of the Leadership Code and sending the wrong signal to persons covered by the code.

Other leaders charged with similar leadership breaches have been fined K500 for each charge.