Law Society investigation into allegations against lawyers

The Committee notes that it has been many months since the high profile investigation into

allegations against lawyers Greg Sheppard and Harvey Maladina was commenced by the

Law Society. This investigation stemmed from allegations made in an SBS television

program relating to money laundering.

The President of PNG's Law Society, Peter Kuman, previously indicated that the Society had

appointed an independent inspector to analyse the firm's trust account over the past five

years. Mr Kuman also indicated that the Society had written to the Lawyers' Statutory

Committee to look into possible breaches of lawyers' conduct rules.

The Committee is concerned that the investigation into this matter has taken far too long and

the public deserves to know what has transpired. In addition, the Committee would like an

assurance from the PNG Law Society that those persons on the Statutory Committee do not

have a conflict of interest in the investigation or alternatively absent themselves from any

meeting where the investigation is discussed.

The Committee notes that there are apparently hundreds of such cases to be reviewed by

the Law Society. The Society might consider the old maxim ”justice delayed is justice

denied”.

At present the legal profession is self-regulating in that complaints against lawyers are heard

by the Lawyers Statutory Committee of the PNG Law Society. If the Law Society cannot or

will not self-regulate, it may be time for the Committee to conduct a public hearing with a

view to establishing the status of all complaints received by the Lawyers Statutory

Committee and the reasons for any delays. This situation will then inform Committee

consideration as to whether Parliament should enact a law to have an independent body

undertake investigation of complaints against lawyers.

The Committee wishes to see a far more open and transparent process of investigation so

that the public can be assured that accusations and complaints against lawyers are being

dealt with properly and promptly.

We await some public response on the above matters from the PNG Law Society.