THE PMS LAWYER TIFFANY TWIVEY NONGGORR & PAUL PARAKAS LAWYER MARTIN KOMBRI COMMENTED ON MY POST ON PNG LAW TOK. Peter Daime Kaii PNG Law Tok Thurs · A JUNIOR LAWYERS OPINION OF PM ONEILLs ARREST SAGA : Guys speaking as a freshman to the legal profession I just want to share my thoughts on the Constitutional crisis now staring us in the face regarding PM ONeils arrest warrant. Firstly, the criminal justice system begins at the Police Station for the great majority of us citizens as a simple complaint registered in the OB book which leads to our arrest, interrogation and subsequent charging for an offence committed by a police officer who then detains you or grants you bail depending on the seriousness of the offence as charged. However for government ministers including the PM the police are not allowed to simply arrest and interrogate them if a complaint is made against one of them. The police have to gather sufficient evidence and make an application to a District Court magistrate to grant the arrest warrant based upon the incriminating evidence presented. If the magistrate is then satisfied that there is sufficient evidence to grant the arrest warrant based upon the incriminating evidence presented by police he grants it. However, if he is not satisfied with the evidence presented by police he declines to grant the arrest warrant based upon the ground that the evidence is insufficient. This is a necessary check and balance not available to us commoners so as not to unnecessarily tarnish the reputation of government ministers who will be seen to be wrong instantly by the public if they happen to be arrested, which may not necessarily be the case. Okay in PM ONeils case the police gathered their evidence relating to PM ONeils involvement in the illegal payments to disgraced law firm Paul Paraka Lawyers and when they were of the view that the evidence was enough they followed due process and made the application for an arrest warrant to the District Court magistrate who granted the arrest warrant to the police for the arrest warrant for the arrest of PM ONeil as a criminal suspect to face the law, but only upon being satisfied that the evidence presented by police was sufficient beyond the criminal standard of proof, that is, beyond reasonable doubt. So you see, the PM is resisting arrest because to give in or surrender and be arrested will be the end for him. because the weight of evidence against him is massive. He will be arrested, charged for an offence or offences, detained and let out on a very high monetary amount for bail with many conditions attached. Thereafter he will be committed further up to the National Court where he will be indicted, tried and either convicted or acquitted based on the Prosecutions evidence before the court. Whatever the outcome in the National Court he can appeal to the highest court in the land, our Supreme Court. All these legal twists and turns will take a lot of time and before long the familiar silly season of elections will be around the corner. All the while we the common people of this country will not have the benefit of the doubt of whether or not a criminal is leading our government. The views expressed here are my own personal views and I would be the last Simbu son to tell PM ONeil to step down because he was my dads room mate at UPNG when they were students there in the 80s. But all the same I say :- ONEIL TURN YOURSELF IN NOW FOR THE POLICE INTERVIEW AND LET THE COURTS PROVE YOUR GUILT OR INNOCENCE. Like · Comment · Share · Stop Notifications Like · Comment · Stop Notifications 3 people like this. Seen by 29 Write a comment... Martin Kombri Good discussion but one correction; For Ministers and PM, if they are alleged to have committed other criminal offences, then they a requested by the Commissioner of Police in writing to go for an interview. Not a Warrant of Arrest. For the criminal offence of Official Corruption, it is a requirements that a Warrant of Arrest must be issued to the person who is alleged to have committed that offence. Hence, the PM was alleged to have committed the offence of Official Corruption so a Warrant of Arrest was taken out against him. And because he is the PM, the former Commissioner of Police also wrote a letter for him to come for the interview. This letter attached the Warrant of Arrest. Like · 1 · 3 July at 12:37 Tiffany Twivey-Nonggorr Also - this is a junior lawyer mistake - giving an opinion on something without all the information ! There is nothing wrong with your opinion if the facts are as you ASSUME them to be -but they are NOT. There was NO actual Application for the warrant nor supporting material. Thats right -no Information laid -no complaint laid - no sworn statement with evidence. Just a signed warrant is on the file. What you say is true - for a warrant to be issued, the Magistrate has to satisfy himself or herself that there is evidence to warrant it - but there is NOTHING on the file. I have tried to get copies of the file. No says the registry. Well can I look at it. NO says the Registry. They then say write to Chief Magistrate to request to view the file. Wrote two weeks ago. No response. Follow up. Silence. BUT in Court when the State put it to the Magistrate that there was no information laid and therefore the warrant was flawed - she said - I dont know why you are talking about an information - there is none. The warrant was obtained with NO APPLICATION NOR SUPPORTING EVIDENCE. How on earth does that happen ??????? . Not due process. Not the rule of law. Unlike
Posted on: Tue, 08 Jul 2014 05:07:28 +0000
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