Former MP for Madang Open and anti-corruption campaigner Bryan Kramer has filed a Supreme Court appeal against a National Court ruling dismissing his application for leave to review a Leadership Tribunal’s decision to dismiss him from office.

His appeal to the Supreme Court follows the refusal of a leave to review application in the National Court presided by Justice John Carey on August 18.

Kramer said in a statement that he had filed an application on the 23 May 2023 in the National Court to review the decision of the Leadership Tribunal.

He later withdrew this and refiled on June 30.

The refiled application raised nine primary grounds, including breach of natural justice, procedural unfairness, apprehension of bias in being denied a fair hearing, unreasonableness and being oppressive and harsh and not “reasonably justifiable in a democratic society”.

After waiting almost three months for a judge to hear his leave application, the matter was listed before Justice John Carey on August 18. However, straight after hearing detailed submission from counsels, Justice Carey delivered an oral judgement refusing Kramer’s application.

Justice Carey ruled that Kramer had not satisfied all the requirements, in particular an arguable case

Further nine grounds
Kramer is now appealing the judge’s ruling on a further nine grounds that include an allegation that the judge had failed to properly deliver a reasoned judicial decision.

He will submit that the judge had erred in directing Kramer’s counsel to narrow his submissions to the ground of apprehension of bias to the exclusion of the issues raised in the eight other grounds.

Further, the judge had failed to consider specific matters raised in each of nine grounds.

The judge had delivered two judgments, the first oral and the second published without indicating to parties, and that was altered and expounded on the reasons in the oral judgement.

He was dismissed in May this year by a a Leadership Tribunal comprising Justice Lawrence Kangwia and senior Magistrates Josephine Nidue and Edward Komia.

The Tribunal found him guilty on seven of thirteen allegations of misconduct in office

Five of the seven misconduct charges were in relation to decisions concerning the Madang District Development Authority (DDA) that he had failed to comply with legislative administrative requirements, and the misapplication of district funds to which they could not be lawfully applied.

Facebook publications
The remaining two misconduct charges were in relation to his Facebook publications that were found to have “scandalised the judiciary”.

The background of the two charges of him scandalising the judiciary were that in October 2019 he had published a three-part series of articles on Facebook concerning an arrest warrant against former Prime Minister Peter O’Neill.

The first charge was over part of his publication insinuating a conflict of interest by Chief Justice Sir Gibbs Salika in publishing the words “a relevant matter to note is that the Chief Justice was only recently appointed by O’Neill late last year”.

The second charge was over publishing the words “What was not anticipated was that O’Neill and his lawyers would solicit the assistance from the Chief Justice and desperate enough to submit fabricated documents to mislead the court that the warrant was defective as a means to obtain a stay order”.

The Tribunal had recommended by majority that Kramer pay a fine of K2000 (about NZ$922) for each for the five charges in relation to the Madang District Development Authority as they were decisions made by the DDA Board and not Kramer alone.

However, it recommended unanimously for his dismissal from office in relation to his Facebook publications in scandalising the judiciary.

Pacific Media Watch reports that in a profile by The Guardian in 2019, Bryan Kramer — BK as he is known — was described as a “rising star in PNG politics” and as an anti-corruption campaigner who was instrumental in bringing to light the UBS scandal that helped to bring down former Prime Minister Peter O’Neill’s leadership.

Republished from the PNG Post-Courier with permission.

Article by AsiaPacificReport.nz

Dissident Papua New Guinean politician and former cabinet minister Bryan Kramer has vowed to fight on in his campaign against corruption, saying the National Court ruling to dismiss him as an MP was “the calm before the storm”.

“The decision to dismiss me was expected and of course, it is certainly not the end of the issue as I have already been working on an appeal to challenge both the rulings on verdict and penalty in the National Court,” he told reporters in Port Moresby

Kramer, a former police minister then justice minister, was responding to the decision on recommendations for his dismissal and a fine of K10,000 (NZ$4600).

“Today’s decision in no way diminishes my resolve in the fight against corruption nor will it keep me from informing the public on issues of national importance or exposing high-level corruption,” he said.

“In my view it’s the calm before the storm.”

In a statement later in the day Kramer explained the court decision saying: “Today (1/5/23) the Leadership Tribunal handed down its ruling on the penalty in relation to the finding of guilt of the seven (7) counts of misconduct in office against me.

“The Tribunal categorised the seven counts of misconduct into two main categories in determining whether there is serious culpability (wrongdoing on my part) warranting my dismissal from office or recommending a lesser penalty of a fine or suspension of no more than three months without pay.

“Category 1 included counts 1 and 2 that related to my Facebook publications scandalising the judiciary.

Conflict of interest claim
“Count 1 being the publication insinuating a conflict of interest by the Chief Justice.

“Count 2 related to accusing [former prime minister] Peter O’Neill and his lawyer of soliciting the assistance of the Chief Justice and submitting a fabricated document to mislead the court that the warrant of arrest was defective.

“Category 2 included the remaining 5 counts that related to the decisions of the Madang District Development Authority Board in the application of the District Services Improvement Programme (DSIP) Funds in renting office space for the establishment of a project office to deliver district projects at the ward level, paying electoral staff who were involved in implementing the projects and establishing a ward project staff structure without obtaining approval from the Secretary of Personnel Management and engaging an associate company that was paid K3000 [NZ$1400] a fortnight.

“In short, the Tribunal recommended a penalty of dismissal from office in relation to counts 1 and 2 and a fine of K2000 for each of remaining 5 counts, a total fine of K10,000.

“Based on the Tribunal’s finding on guilt on seven counts handed down on 21 February 2023, today’s ruling for dismissal was expected.

“The decision recommending dismissal from office will be delivered to the Speaker who will then recommend to the Governor General (GG) to adopt the Tribunal’s recommendation to dismiss me from office.

“The decision of the GG will be gazetted and takes effect. At that point I will no longer be a Member of Parliament.”

Kramer Report publisher
Bryan Kramer, well known as a social media strategist and publisher of the anti-corruption Kramer Report, has been a cabinet minister in Prime Minister James Marape’s government since 2019, holding the police, justice and then immigration portfolios.

Leader of the Allegiance Party, Kramer was returned to Parliament at last year’s elections with sizable majority in the Madang Open seat.

Republished with permission.

Article by AsiaPacificReport.nz

Madang MP Bryan Kramer, who held the police, justice and later immigration portfolios in the outgoing givernment, is no stranger to publicity stunts.

Yesterday, he “ambushed” Chief Ombudsman Richard Pagen in the State Function Room of the National Parliament during the new MPs’ induction process.

Last week, the Deputy Chief Justice Ambeng Kandakasi had announced the appointment of a leadership tribunal to investigate allegations of misconduct in office against Kramer.

As Pagen was speaking to the new MPs on their roles and responsibilities and the work of the Ombudsman Commission, Kramer found it an opportune time to pick a “verbal spat’ with Pagen.

After Pagen had finished his presentation, Kramer asked several questions that “pickled” the integrity and reputation of Pagen and the Ombudsman Commission.

Kramer told Pagen that the commission had lost many leadership tribunal cases and that his [Pagen’s] own integrity was also in question when a staff member had raised allegations against him and he was still holding office.

The Chief Ombudsman told Kramer that he was at the Parliament induction programme to talk to collective Members of Parliament and not to debate with him.

‘I don’t want to argue’
“Member for Madang, I’m addressing a crop of leaders and I don’t want to argue with you. Do not raise conflict of interest questions here. Your leadership (tribunal) is coming,” he told Kramer.

Pagen said he was not appointed to be a “briefcase carrier” but to perform his constitutional duties and he performed his duty without fear or favour.

“We are here to work with the leaders. If you fear us then, it is because you have done something wrong,” he said.

The Chief Ombudsman said that as a constitutional office holder his job was not to “carry a whip around” and hunt for leaders to be punished.

He said he made sure that there were prima facie cases to refer members of Parliament to the Leadership Tribunal and so far four cases had been thrown out.

“I have done my job to refer people. We are not here to fight anyone. We are here to support service delivery for the 9 million [people in the country]. We are technical people here to give you advice,” he said.

Pagen said they were there to help make sure the leaders perform their duties of serving the people honestly and transparently.

MPs told to be ‘transparent’
In a separate news story, the Post-Courier reports that Pagen urged MPs to be transparent and not to be involved in actions that would question their integrity and of the office they occupied.

Pagen told new MPs and those who were continuing that the office they held now was for the people and their position must not be demeaned by their actions.

He said the integrity of the office and the position they occupied as leaders must be maintained at all times.

“The integrity of the country must also be preserved,” Pagen said.

“We must not use the office for personal gain.

“In the Melanesian society, we have come from a wider family connection and relations and it is essential that the relationship does not creep into the office.”

Jeffrey Elapa is a PNG Post-Courier reporter. Republished with permission.

Article by AsiaPacificReport.nz