Public Prosecutor Pondros Kaluwin to decide on Prime Minister O'Neill's fate



Public Prosecutor Pondros Kaluwin to decide on PM's fate

Public Prosecutor Pondros Kaluwin has received the referral of Prime Minister Peter O’Neill and will independently determine whether there is sufficient, credible and cogent evidence to request the Chief Justice to appoint a Leadership Tribunal. Mr Kaluwin confirmed that the Prime Minister was referred by the Ombudsman Commission on Tuesday for alleged misconduct in office. Mr Kaluwin said in a statement yesterday that the subject of the referral relates to allegations that:

• The Prime Minister failed to comply with administrative and financial processes including the normal overseas borrowing process in the approval of the K3 billion loan from the Union Bank of Switzerland AF (Australia Branch);

• The leader having made a media release on the sacking of Mr Don Polye as the Minister for Treasury by saying that Mr Polye caused instability in the Government, when the actual reason was to do with Mr Polye’s refusal to sign the UBS Loan deal which the Prime Minister had unilaterally approved on March 6, 2014; and
• The leader made a misleading statement on EMTV that he had obtained advice from the state agencies including Bank of Papua New Guinea on the UBS loan to purchase Oil Search shares, which was contrary to the evidence received.

The Public Prosecutor’s statement coincided with an official one from the Ombudsman Commission on its decision to refer Mr O’Neill. Chief Ombudsman Rigo Lua and Ombudsman Phoebe Sangetari said the commission investigated the alleged misconduct in office by Mr O’Neill, which arises from his failure in upholding his duties and responsibilities of office as required under Section 27 of the Constitution and the Organic Law on the Duties and Responsibilities of Leadership.“As required by section 20(2) of the Organic Law on the Duties and Responsibilities of Leadership, the commission notified Mr O’Neill, by a letter dated August 8, 2014 of its intention to refer the matter to public prosecutor,” said the commission.“The referral is in the hands of the Public Prosecutor who has the discretion to bring or decline to bring proceedings under the Leadership Code for alleged misconduct in office in accordance with section 177(1) (b) of the Constitution.”The commission said it was satisfied that there is a prima facie case and consequently did the referral to Mr Kaluwin for his independent assessment. The referral by the commission was criticised by the PM, who vowed to fight it in court and later by his chief of staff Isaac Lupari .

 

PNG Today / Post Courier