Maladina sentencing to proceed

 By CHARLES MOI

THE sentencing of former National Provident Fund boss Jimmy Maladina will proceed as scheduled later this month after the Supreme Court yesterday rejected his application for a stay order. 

Chief Justice Sir Salamo Injia presiding as a single judge in Waigani refused Maladina’s stay application “in the interest of justice”.

“I am of the view that the overall interest of justice favours the continuation of the criminal trial process to its normal lawful conclusion with the passing of sentence,” Sir Salamo said. 

“The appellant’s case on appeal and the prayer for relief, though has an arguable case, is conjectural or speculative. 

“If he does win the appeal, after sentence is passed, even then the sentence can be adjusted.

“And if he has been wrongly convicted and sentenced, his remedy lies in damages under the private or civil law and under Constitutional law.” The National Court on May 21 convicted Maladina of misappropriation and conspiracy to defraud the National Provident Fund (now Nasfund) of K2.65 million.

Maladina, from Mena’ala village Esa’ala, Milne Bay, will reappear in court later this month for lawyers to make submissions on sentence. He is out on extended bail. 

Maladina had applied to the Supreme Court to temporarily stop the criminal proceedings in the National Court pending the determination of his appeal against conviction. 

The State objected to the stay application because it was an abuse of process given that the normal criminal process would be interrupted if the application was granted. 

The State alleged that Maladina conspired with others to defraud the NPF board of trustees of K2.65 million by fraudulently increasing the cost of the NPF tower (now Deloitte Tower) project. This occurred between November 1, 1998, and October 10, 2000, in Port Moresby.