Wartoto concerned over rights

 By MALUM NALU

BUSINESSMAN Eremas Wartoto has expressed concern, through his lawyers, that the National Court has readily entertained various applications exparte against him, freezing his assets and bank accounts in PNG and Australia without giving him any opportunity to be heard and continues to deny him his rights. 

Steeles Lawyers, which acts for Wartoto in the proceedings instituted by the public prosecutor under the Proceeds of the Crimes Act 2005, set out a chronology of events since last Augustto protest the treatment of its client in a letter to National and Supreme Court registrar Ian Augerea.

“Our effort on behalf of our client to be heard on the matters affecting him has been ignored and not forthcoming, although the various ex parte orders affect our client’s livelihood and his businesses,” the letter said.

“We submit this is unfair and unjust as our client has not been found guilty and convicted of the crimes he is alleged to have committed,  and therefore,  he is innocent until proven guilty by the court. 

“Hence, the treatment our client had received from the court system has been grossly unjust…”

In August last year, the  public prosecutor filed originating summons with a notice of motion seeking orders to restrain Wartoto from dealing with his and his family’s properties in PNG as well as to freeze the bank account of Sarakolok West Transport Ltd.

The application was heard ex parte and granted.

Last Sept 25, Steeles Lawyers filed notice of motion on behalf of Wartoto to set aside the restraining orders made by the court last Aug 30. 

Last Oct 23, Justice Panuel Mogish heard Wartoto’s application to set aside the restraining orders and decision was reserved. 

That decision is yet to be delivered despite three separate written reminders  dated  Jan 17,  2013;  April 8,  2013;  and May 6,  2013, have not been responded to;

On April 23, 2013, the public prosecutor filed notice of motion: 

• Restraining Wartoto from disposing of his Australian real estate properties and properties owned by his family; accessing his wife’s and his company’s bank accounts; and 
• Official trustee in bankruptcy to take over custody and control of assets and properties.

The application was heard ex parte the same day and granted all of the orders sought by public prosecutor in the same terms. 

On May 7, 2013, Australian Federal police (AFP) applied to register the custody and control orders made by Deputy Chief Justice Gibbs Salika on April 23, 2013. 

The District Court of Queensland granted the custody and control orders sought by AFP and now the official trustee in bankruptcy is in control of virtually everything Wartoto and his family own in Australia including his wife’s bank accounts,  which the family uses for their living expenses.