Pagen cited for contempt

By FRANCIS RODNEY PULU

THE second hearing of the leadership tribunal against Madang MP, Bryan Kramer took another twist when his lawyer, Miglshi Giruakonda told the leadership tribunal to cite the Chief Ombudsman, Richard Pagen for contempt in failing to turn up to present exhibits on the 13 allegations against Kramer.

As it was agreed for the tribunal to reconvene on October 14, 2022, the tribunal proceedings went ahead with the three tribunal members chaired by Justice Lawrence Kungwin and other two members, senior magistrates Josephine Nidue and Edward Komin.

The proceedings took place with public prosecutor, Pondros Kaluwin, telling the tribunal and making reference to an amendment on allegation seven and inserting a provision of a memorandum to section 27 of the constitution and section 13 of the Organic Law on Duties and Responsibilities of Leaders.

Giruakonda then expressed his concern to cite Pagen for contempt. He was reassured by Kungwin that the matter of contempt would the first to be heard as the tribunal reconvenes on October 24, 2022.

“I think October 14 ,2022 as we all agreed in the previous hearing that it is the date set for the tribunal unfortunately, we came and the chief Ombudsman who has conducted all the allegations through his office is not available to present all those evidence to the alleged investigative reports.

“That is why I think the tribunal was misled and I think it is proper for him to be cited for contempt because this is a court and when a date is set it has been set and you cannot lie to the court and the tribunal.”

As the allegations were read by Justice Kungwin, Giruakonda pleaded not guilty to all the 13 allegations on behalf of Kramer.

 The tribunal was told that Pagen was on duty travel to New Zealand and would return this Wednesday as the tribunal reconvenes back on October 24, 2022.

Meanwhile Kramer remains suspended through this process where it is believed to be completed within the next two months or so.

The 13 allegations are;

• In that while in the office in November 2,2019 while holding the office of Police Minister publicly posted on his Facebook account under his name posting a series of articles entitled “Peter O’Neil flees country as National Court dismisses his case preventing his arrest”.
• Scandalizing the judiciary and posting articles on Facebook accusing O’Neil and his lawyers for filing a fake warrant of arrest.
• Involvement and interference in the police operational matters resulting in the termination of Paul Nii, Director Legal Services.
• Publishing the complaint lodged against him by Chief Justice, Sir Gibbs Salika and posting the complaint on Facebook.
• Allowing an associate company namely Tolo Enterprises Limited to benefit through consultancy services to the Madang District Authority.
• Misappropriation of K455,751.20 to the use of Tolo Enterprises Limited.
• Use of Madang District Services Improvement Program(DSIP) funds in paying electoral office rental contrary to the SRC determination 2015.
• Misappropriation of K299,500.00 of the Madang DSIP and district support grants on rental payments to Madang Ward Project Office.
•  Creating a structure within the Madang District Development Authority without obtaining from the Department of Personal Management.
• Misapplication of the Madang DSIP on salaries and wages of electoral office staff in Madang District Ward.
• Abuse of power in allowing the appointment of a member of Madang Development Authority presenting the community as the head of the secretariat to Madang District Development Authority.
• Misappropriation of K30,649.50 of the Madang DSIP to a company owned by a member of the Madang District Development Authority.
• Misappropriation of K15,649,312.50 of the Madang DSIP through the use of an associate company without following procurement process in funding plant and equipment for the emergency work on Madang Modilon Road.