No direct description of oval, Haru submits

 By ELIAS NANAU

FORMER rugby league star Stanley Haru yesterday submitted to the National Court that the state had failed to establish correctly the physical address of Kone Tigers rugby league oval in North Waigani, NCD.

Haru had been accused of selling the oval unlawfully to a Malaysian, Lee Teik Kong, for K2.6 million.

His lawyer, Michael Norum, said there was no direct description when the state was identifying the oval as section 486, allotments one and two but current details identified the location as section 137 allotments one and two, Hohola.

“Our submission is that these two property descriptions are totally different and are definitely referring to two distinct properties,” Norum told Deputy Chief Justice Gibbs Salika.

He said the state knew about the oval being identified as section 137 allotments one and two during cross examinations.

Norum argued that George Augwi, the owner of Urban City Realty Ltd who facilitated the sale, “was not in a proper position to really explain which property was indeed the correct one”.

“We submit that in so far as the indictment is concerned, section 468 allotment one and two stands in limbo, that is to submit that the state has to properly establish which cogent evidence the subject property within which contained in the indictment,” Norum said.

He added that the state failed to connect and link the controversial oval in question to the evidence it called and the subsequent exhibits during the course of the proceedings.

Public Prosecutor Pondros Kaluwin responded that there was evidence from Augwi that the property was identified to him by Haru and there was no dispute about section and allotment.

“There is no dispute that that was the property that was on sale,” Kaluwin said.

He said there was evidence that Haru after unlawfully selling the oval applied to his own use the monies.

The state said K2 million was invested with BSP Capital Stockbrokers and other monies were used to buy a personal car from Ela Motors and investment of K85,000 with Eke Kaeka Holding, a company he owned.

Haru had submitted K270,000 was paid to Eric Yapu from the Lands Department for consultancy work, K50,000 for miscellaneous services of survey pegs and 

labour. 

He said K30,000 was spent on Kone Tigers club uniforms including freight and handling charges from Sydney. The car was for administration work.

Haru said that he bought shares worth K2 million for the club at BSP Capital to generate interest and fund the club but the investment by BSP Capital in Lehman Brothers of the United States crashed in 2008.