State appeals against payback

Main Stories

By TREVOR WAHUNE
THE State has appealed a National Court decision dated Oct 11 that ruled it reimburse K2.65 million to former Nasfund board chairman Jimmy Maladina which he had paid to the State as restitution when he was convicted of fraud charges in June, 2015.
According to the State’s application obtained by The National yesterday, it was filed on the grounds that primary Judge Oagile Key Dingake was misled by Maladina when he said that he had paid money totalling K2,650,000 to the State, and that he was entitled to a refund after he was acquitted of the charges in the Supreme Court in 2016.
The appeal also states that Maladina never personally paid restitution.
The State, through lawyer Henry Monei, from the Office of the Solicitor-General, filed the Notice of Appeal dated Nov 19, also raised issues that:

  • The judge also relied on uncontested evidence that Maladina paid restitution to the State;
  • the judge mixed fact and law when he assumed that Isles Builders and Contractors Ltd was indebted to the plaintiff (Maladina) of the amount K2.65 million as consultancy fees when there was no corroborative evidence showing that he did so, which was a relevant requirement to the assessment of debt; and
  • the judge had failed to take judicial notice whereby Maladina had the onus of proving his losses, and it was not sufficient to rely on assertion in his statement of claims where there was a breach of natural justice.

The appeal would therefore be seeking to obtain an interim order on the National Court orders dated Oct 11 to compel the State to pay K2.65million to Maladina pending a hearing and a final judgment on the appeal:

  • that orders for State to pay K2.65million to Maladina be dismissed; and,
  • the National Court proceeding WS No. 635 Of 2017 Jimmy Maladina the State be reinstated before another judge for a proper trial on assessment of damages.

Meanwhile, a source told The National that Nasfund would be filing an application to join the proceedings in order to assist the State with critical evidence given that they had an interest in the outcome of the judgment in the National Court where they were conveniently left out as a party. Maladina, in June 2015, was convicted with charges of conspiring to defraud and misappropriating K2.6 million, being the property of National Provident Fund (NPF, now Nasfund) between Feb 26 and July 30, 1999.
Maladina was given an eight–year suspended jail sentence in July 2015 after he paid K2.65million in restitution ordered by the court and was also given a two-year good behaviour bond.
Maladina on April 20, 2016, appealed his conviction in the Supreme Court and was acquitted of the chargeson grounds that the trial judge made his decision on his sentence using circumstantial evidence.

7 comments

  • Re-open the NPF saga and appoint a special members of Public – same as the current PAC and have Sir Mekere involved in this as he was PM who tighten up and made reforms in the Financial Institution and freed from Politicizing it

  • It appears that in PNG, people with money can get away with misusing millions of public monies while small grass root people ends up in CSI camps for stealing a packet of biscuit.

    So “Take back PNG” EM HOW???

  • A few of us called for the State to appeal when JM was acquitted and the State told to reimburse the amount he said he paid the State as part repayment or thereof. Now its great to know that the State had started that appeal process!

  • Am I hearing this correctly, Jimmy Maladina did not repay the K2,650,000.00 he stole from NASFUND back to NASFUND or the state? Yet some learned judge in his wisdom from the supreme court, which is the highest court of this land saw fit to acquit Jimmy Maladina. This particular judge Dingake is just as guilty as Maladina if he failed to dispose justice in a fair and just manner.

    It also raises the question as to why this kind of people are appointed judges of the supreme court of PNG. Judges are not supposed to err in very high profile cases as this. Investigate the judge as well.

    Please, re-open the NASFUND case now under a new and reputable judge who can dispose just fairly and just without fear or favour.

  • Though this has taken a long time. It is the best interest of PNG that this case brought back to court and justice be served and hopeful the truth be revealed and those found guilty be prosecuted.

Leave a Reply