Relief for Pruaitch

By ZEDAIAH KANAU
A LEADERSHIP Tribunal has dismissed six of the nine allegations of misconduct in office against Aitape-Lumi MP Patrick Pruaitch, saying the charges and allegations were “poorly drafted and confusing”.
He pleaded guilty to the remaining three charges relating to the late submission of leadership annual returns.
The tribunal consisting of Justice Panuel Mogish as chairman and senior magistrates Michael Apie’e and Nancy Lipai last Friday unanimously upheld Pruaitch’s no case submission on six of the nine charges at the National Court in Bomana.
The tribunal will reconvene on Wednesday to hear submissions from his lawyers on the fines regarding the remaining three charges, relating to the late submission of leaders’ annual returns.
The tribunal will reconvene on Wednesday to hear submissions from his lawyers on the penalties regarding the remaining three charges, on the late submission of leaders’ annual returns.
The tribunal consisting of Justice Panuel Mogish as chairman and senior magistrates Michael Apie’e and Nancy Lipai last Friday unanimously upheld Pruaitch’s no case submission on six of the nine charges at the National Court in Bomana.
The six allegations which Pruaitch contested and were thrown out were:

• Double dipping on vehicle allowance in the sum of K12,463.83;
• Double dipping on vehicle allowance in the sum of K4,781.44;
• Double dipping on fuel allowance by wife and associates in the sum of K9,836.45;
• Double dipping on entertainment allowance in the sum of K7,891;
• Misapplication of 2003 District Support Grant; and,
• Failure to declare gift (of K75,000).

The first four allegations related to the reimbursement of vehicle and entertainment allowance from either the National Forest Service or the National Forest Authority.
During the trial, Chief Ombudsman Richard Pagen was taken to task on who owned the vehicle.
He insisted that it was owned by the State because the PNG Forest Authority is a State institution.
But the Tribunal said the vehicle was owned by the PNG Forest Authority, a separate entity.
The tribunal found that there is no entity known in law as the National Forest Authority but only the PNG Forest Authority.
It concluded that the reference to the NFA or NFS was inconsistent with evidence. It dismissed the allegations.
On the reimbursement of the entertainment allowance, Justice Mogish said the allegations and charges were confusing.
“According to the charge, the NFA reimbursed (Pruaitch) while the allegation (stated) it was the NFS that reimbursed the leader.
“There is no entity known in law as the NFA.
There is no evidence that NFS issued any remittance advice for reimbursement of entertainment allowance to the leader.”
The tribunal dismissed the “failure to declare a gift” allegation after it found that the K75,000 declared in Pruaitch’s annual statement was as an income from the sale of vanilla beans, which was his own money.
Outside court, Pruaitch’s lawyer Greg Sheppard welcomed the dismissal of the charges, saying they were going to make a submission on the penalty regarding the late leadership return