Tribunal drops charges

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A Leadership tribunal has dismissed all remaining charges against suspended Telefomin MP and Defence Minister Solan Mirisim.
The tribunal members comprising Justice Les Gavara-Nanu, magistrates Josephine Kilage and Mark Selefkariu made the ruling in Port Moresby yesterday.
Mirisim, who had pleaded guilty to declaring false and misleading information in his annual statement for 2011/2012 and 2012/2013, is expected to have his penalty delivered by the tribunal tomorrow.
Justice Gavara-Nanu said the Ombudsmen Commission (OC) failed to promptly advise Mirisim to present the 2013 to 2014 annual statements.
He said instead the Ombudsman waited six years before serving a letter of notice last year to Mirisim.
Three of the charges were struck out on Aug 1 when Mirisim’s lawyer Greg Sheppard filed a no-case submission. The allegations were:

  • AN allegation of failure to lodge corporate income tax for Motop Business Group (MBG) Inc;
  • AN allegation of failure to lodge salary and wages tax for MBG Inc; and,
  •  AN allegation of failure to lodge goods and services tax for MBG Inc.

This left 18 charges for the tribunal to consider. These were:

  •  FIVE allegations of failure to declare payments received in the annual statements and failure to declare to the OC receipts of money through his personal account in 2014/2015 and 2015/2016;
  •  ONE allegation of failure to submit annual statement for 2013/2014;
  •  SEVEN allegations of use of official position for personal benefit and the benefit of the Motop Business Group;
  •  AN allegation of failure to declare interest in the MBG Inc;
  •  AN allegation of the use of personal bank accounts to conduct business transactions;
  •  TWO allegations of failure to declare personal payments received by his spouse; and,
  •  AN allegation of interference in the selection and appointment process of the secretary for the Department of Defence.

The tribunal after considering submissions from Sheppard and public prosecutor Pondros Kaluwin dismissed the 18 charges.
Justice Gavara-Nanu said the OC was not free from blame because it had a duty to inform the leader that he had not submitted his annual statements and did so after six years.
He said the OC needed to encourage leaders to be good, responsible and law abiding.
“From our general observation regarding the right of the leaders to be heard by the OC on allegations of misconduct in office, the duty of the OC is to give a fair and proper hearing to leaders and act fairly in its decision-making process,” he said.
“The role embodies the principles of natural justice and common law which is part of the underlying law.
“The Ombudsman is mandated by the constitution to observe the course of natural justice in the investigation of leaders and alleged breach of the leadership code.
“Having regard to those principles, we found the long delays in referring the matter to the public prosecutor and the leader was not given the opportunity to be heard.
“A referral of a leader to the public prosecutor to be prosecuted before the tribunal should be the last resort and only after all attempts to assist the leader are fully exhausted.”
Mirisim thanked his people.