Respond to charges, Simon told

By TREVOR WAHUNE
A TRIBUNAL enquiring into allegations of official corruption against Maprik MP John Simon has directed him to respond to nine allegations after he had applied to have the charges dismissed.
Justice Nicholas Miviri, on behalf of the tribunal consisting of himself and magistrates Michael Apie’e, and Nancy Lipai, made the order last week in the Waigani National Court after finding there was no breach in the way public prosecutor Pondros Kaluwin had filed the charges.
“We do not see any breach apparent or identifiable to dismiss the allegations us urged by the leader,” Miviri said.
“We concede that the position submitted by counsel assisting (Kaluwin) is the correct position given the facts and circumstances here, and accordingly we uphold that view and dismiss the application by the member as not made out.”
Simon’s lawyer Greg Sheppard on Tuesday raised objections to the nine allegations of official corruption, stating that no offence had been created, all allegations were drafted.
Sheppard told the court that no offence was pleaded and therefore ought to be struck out and dismissed.
He also submitted that all nine allegations had similar defects, that there was allowance (to pay the contracts) as opposed to an action where “there must be improper or unlawful conduct to constitute the breach of duty that is the words of section 27 Leadership Code, and should be picked out to bring the charges or allegations operational in law against the member,” Sheppard said.
The court however upheld Kaluwin’s submissions were properly drafted. The tribunal held by law a leader: “Shall not use his office for personal gain or enter into any transaction or engage in any enterprise or activity that might be expected to give rise to the doubt in the public mind as to whether he is carrying out the duty imposed,” Justice Miviri said. He allegedly misappropriated a total of K1,647,830.40.
The tribunal ordered that the matter convene tomorrow.