Yama, others to be arrested

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POLICE can now arrest Madang Governor Peter Yama and others over fraud allegations after the National Court yesterday refused his request to stay the arrest.
He and others had allegedly conspired to defraud the Manam Resettlement Authority of K6 million.
His co-accused are Joseph Bonomane, Helen Kanimba, Loimeng Bande, Paul Amera, Joseph Aka, Anton Kaming, Richard Nagos, Reisino Peni and Henry Kambuka
Defence lawyer David Dotaona filed the stay application on Sept 6, arguing that Police Commissioner David Manning and the State had breached the group’s rights, thus making the warrant of arrest unlawful.
Solicitor-general Tauvasa Tanuvasa represented the State.
Justice Nicholas Miviri dismissed Yama’s request for an interim stay order of the warrant of arrest issued by the Ramu District Court on May 31.
Yama had also asked the court for an interim stay on all criminal proceedings against him and his co-accused in respect of the Manam Restoration Fund pending the substantive hearing.
“The criminal process has not been completed. It will not be circumvented by civil procedure in judicial review,” Justice Miviri said.
He said the evidence did not support that it was “peculiar case set out by its facts circumstances that warrant a temporary stay, let alone a permanent stay because constitutional provisions do not contradict and contravene one or the order”.
Justice Miviri ruled that the proceedings filed by Yama was without merit thus abusing the process, to bring the State to defend the case.

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