Top cops to provide prosecution perspective at inquiry

PUBLIC Prosecutor Pondros Kaluwin and Police Comm David Manning will provide the prosecution perspective in the Commission of Inquiry into the Union Bank of Switzerland loan deal.
Both appeared briefly before the commission yesterday and were directed to provide a list of names of officers who would be responsible for prosecuting.
Chairman Sir Salamo Injia said the commission was anticipating there would be referrals of persons who had failed to appear on summons.
“It’s an unusual meeting of this nature with the information that I received, there doesn’t seem to be referrals for prosecution,” he said.
Kaluwin said he had considered the offences under the COI Act, most of them were punishable by a K5,000 fine or jail up to three years.
There was one offence in Section 10 (A) punishable by jail term not exceeding 14 years.
According to standard court procedures, offences which carry a fine of K5,000 or presentment of term not more than two years could be heard by the district court or the national court.
“But an offence under Section 10 (A) for giving false evidence is a matter that should be held by the Supreme Court.
“The process is to get through a committal process in the event that the person is being committed for trial, then he can be prosecuted by the public prosecutor.
“For the other offences, those are matters that can be dealt with by information in the district court or by national court and can be taken by police or public prosecutor.
“I have also considered the matter like the schedule two offences under the criminal code, those are matters that can be tried by the national court or the district court.
“In schedule two matters, they can be tried by the national court or district.
“Indictable offence where there is election by the public prosecutor for those matters considering all factors, whether the matter can be heard in the district court or go through a committal and be heard in the national court.”
Sir Salamo said there may be a different process for the prosecution of offences under the Commission of Inquiry Act.
“My enquiries have revealed that there have been no prosecution for offences arising from the COI,” he said.
“The commission would like to have some teeth in terms of referring people to prosecution by ensure that those prosecutions take place efficiently.”
Sir Salamo adjourned the hearing and directed that both Kaluwin and Manning to appear on Monday at 9. 30am for further discussions.
Meanwhile, the authority to pre-committee (APC) K18mil (A$5.5m) for the engagement of the overseas solicitors has been signed off and cleared by the state solicitor for submission to the National Executive Council (NEC), the COI was told.
Sir Salamo said following the hearing on Monday, the COI secretariat received relevant documents the APC would be submitted to NEC.
State Solicitor Daniel Rolpagarea confirmed that he had received the APC and had finalised the documents and delivered them to NEC secretary Grace So-on.
“As to when cabinet sits, I do not know but it’s left to So-on to put it before the cabinet,” Rolpagarea said.