7 Responses

  1. James Tiki
    James Tiki December 15, 2016 at 10:24 pm

    A very informative and accurate analysis. Justice will be served even if delayed for the sake of the poor and those who are deprived of the basic services. Thanks Countryman for speaking out.

  2. John Domyal
    John Domyal December 14, 2016 at 2:45 pm

    Thanks Bal

    Your account of the PM case is very informative that even a lay man can draw his/her own conclusion. It was a case unprecedented in the history of PNG. It can be well explained in the context of traditional PNG way how problem is created and how one goes to the extreme of protecting him/herself and their clan or tribes.

    Relating to your commentary:
    The setbacks faced not only by ITFS team but also the owners of the public offices (PNGans) would very much like the court to consider: (1) national interest; (2) make decisions not only within the confine of the letter of law but beyond within the spirit of the law; (3) seriously consider prevailing circumstances of the events that unfold in the spirit of neutrality vs apprehension of biasness and (4) public institutions are for everyone’s benefit and not for one or a few individuals. All in all, justice should prevail in all courses.

    What is known in the public domain with regard to your account are;
    1. Police Commissioners-the preceding and current were purposely appointed to disrupt and dismantle the Police Fraud Squad Office which was working directly with ITFS
    2. The former AG was suspended and a new one appointed purposely to protect the NEC Chairman and the question of brief out to private lawyers by ITFS would not succeed
    3. The NEC decision to disband ITFS and not to be reviewed by court was not for communal/national interest but to serve one or few individuals
    4. In the public institutions those officers trying to serve or contribute to justice are seen to be given marching orders and where instances of biasness arose they tended to be getting permanent stay

    While we respect all court decisions on the case with PM, we would like to see the honorable court of this lands fully exercise its inherent power to do justice in circumstances where injustice would otherwise arise.

    1. Bal Kama
      Bal Kama December 15, 2016 at 10:59 am

      Hi John, thank you for reinforcing the point that these setbacks are not only for the ITFS but the People of PNG. This was an important point the courts were invited to consider in their deliberation.

  3. Dorothy Mimiko
    Dorothy Mimiko December 14, 2016 at 2:26 pm

    Bal, very good analytical paper. Well done.
    Legislative and institutional reforms are required, as you rightly pointed out, if PNG is serious in fighting against corruption and rid it to make way for genuine development . Police Commissioner’s terms, for instance, should be legislated properly so that he/she serves without fear or favor. The police force’s constitutional mandate is to preserve peace & good order in the country and enforce the laws in an impartial and objective manner. The Commissioner is the head of this force and as such, his term of employment ought to protected. Only then can he be able to perform his role impartially (ethics, integrity and principles aside), and not serve a certain group of people. Appointment process and committee perhaps also needs review.

    1. Bal Kama
      Bal Kama December 15, 2016 at 10:56 am

      Thank you Dorothy. I agree with your thoughts re Police Commissioner. The very institution of justice hangs on an impartial police force. Any political interference poses the greatest threat to a functioning society under rule of law.

  4. Mark Davis
    Mark Davis December 14, 2016 at 11:50 am

    A fair and accurate summary. There is now almost no light at the end of the tunnel, and I doubt that ICAC will change that.

    1. Bal Kama
      Bal Kama December 15, 2016 at 10:53 am

      Thanks Mark. It is a big question whether or not ICAC will be as effective as the Task Force Sweep. Justice Ellis hopefully understands the expectation.

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