A Papua New Guinea court application to stop the news media from reporting on an alleged sexual offence incident involving Goroka MP Aiye Tambua has been thrown out.

Magistrate Paul Puri Nii, sitting in the Waigani Committal Court, refused the application by Tambua’s lawyer yesterday, saying media freedom was everybody’s freedom.

“People won’t kill you,” Nil told the MP.

“You are a leader, and you are subject to critics [sic]. For me, I am not going to bar the media.

“Being a magistrate, being a judge, being a leader, you are subject to critics, and that’s nothing. That’s going to either correct you or lead you in the wrong direction. But it’s up to you.

“I advocate for media freedom so I think that [for that] aspect of the motion, I will refuse it.”

Nii said the media were “the ears and the eyes of people” and that was why he advocated for media freedom.

Allowed to travel
The magistrate granted the motion seeking orders to allow Tambua, 45, to travel out of Port Moresby, but said he had to return before May 9, which was the next court appearance date.

Tambua, through his lawyer Edward Sasingian, filed a motion seeking orders to:

• ALLOW the defendant to continue to travel out of Port Moresby; and
• RESTRICT the media from reporting on the case on the basis that the media has caused repercussions on the defendant and the victims.

Sasingian also informed the court that he had served a copy of the motion on the prosecution and both had agreed on the position to restrict media until a determination is made in the committal proceedings.

He referred to a District Court decision which barred the media from reporting, but Nii said: “For me, I advocate media freedom. Other magistrates may bar the media but this is court room two, my court, so media has the freedom to report.”

Report on facts
Nii also urged media to report on facts.

“If you want to report on the matter, come to the courts, get the court files and report on the matter,” he said.

Tambua’s case was adjourned until May 9, for further mention, after the prosecution informed the court that police were still doing investigations to establish the allegations and produce a brief.

The MP, from Goroka’s Massy village, Eastern Highlands, was alleged to have committed the sexual offences on the three victims (all family members) on different occasions over a period of time.

Tambua is facing 26 charges and had his bail extended.

Boura Goru Kila is a PNG Post-Courier reporter. Republished with permission.

Article by AsiaPacificReport.nz

Fiji’s Acting Public Prosecutor has filed an appeal against the sentences of former prime minister Voreqe Bainimarama and suspended police chief Sitiveni Qiliho in their corruption case.

Bainimarama was granted an absolute discharge for attempting to pervert the course of justice while Qiliho received a conditional discharge with a fine of FJ$1500 ($NZ$1110) for abuse of office by the Suva Magistrates Court earlier today.

Magistrate Seini Puamau announced that both their convictions would not be registered.

“The sentence delivered by Magistrate Puamau is unsatisfactory, is wrong both in fact and in law and does not reflect the considerations and tariff of cases or matters of similar nature,” Acting Director of Public Prosecution John Rabuku said in a statement following the sentencing.

The notice of appeal against the sentence was filed in the High Court this afternoon.

The state has filed four grounds of appeal:

• a. That the sentence imposed by the learned Magistrate against both the Respondents are manifestly lenient and in breach of sentencing principles, case laws and the tariff set in other similar matters and offences.
• b. That the learned Magistrate erred in law and in fact when she made a finding that there were no aggravating factors against the Respondents.
• c. That the learned Magistrate erred in law and in fact in considering irrelevant factors in sentencing the Respondents; and
• d. That the learned Magistrate erred in law and in fact when she made a finding that there was no victim and that the offending was a technical breach by both Respondents.

Lowest-level sentence
An absolute discharge is the lowest-level sentence that an offender can get. It means no conviction was registered against Bainimarama.

State broadcaster FBC News reports that Magistrate Puamau considered Bainimarama’s health.

The 69-year-old was sentenced alongside Qiliho, who was given a FJ$1500 fine without conviction as well.

The absolute discharge and a fine without conviction was given despite the prosecutors last week urging Magistrate Puamau to order immediate custodial sentences towards the high end of the tariff for both men — which would be no less than five years in jail for Bainimarama and 10 years for Qiliho.

RNZ Pacific reported earlier today that a Fiji governance professor, Dr Vijay Naidu, said the magistrate had been sypathetic to both men.

“It is surprising in that the sentencing is like the minimalist kind of approach,” he said.

“I didn’t expect the magistrate to sentence them for the maximum of you know 10 . . . and five years, but the sentence now is quite farcical because these persons are found guilty and they are given sentences that, to say the least, is quite ludicrous.”

He said Bainimarama was “not out of the woods yet” because there was a string of other charges that he would face in the coming months.

This article is republished under a community partnership agreement with RNZ.

Article by AsiaPacificReport.nz

Vanuatu Daily Post in Port Vila

Australian-born lawyer Dane Thornburgh, who has offices in Vanuatu and Australia, employed bullying tactics yesterday morning in a tense confrontation with local journalists.

Thornburgh accused a veteran Vanuatu Broadcasting and Television Corporation (VBTC) journalist outside the Magistrates Court of trespassing on his property.

Thornburgh was seen speaking hands on hips with Richard Nanua, who later told the Vanuatu Daily Post that Thornburgh claimed to have seen him trespassing on his property yesterday morning.

This was flatly denied by Nanua. The VBTC journalist confirmed that this was not the first time he had been confronted by the lawyer.

In December 2017, when Nanua was employed at the Daily Post, Thornburgh wrote to a lawyer acting for the newspaper, alleging that “both Ms Jackson and I have been followed around lately by a mysterious person.”

It transpired that Nanua was being accused of stalking behaviour for his presence at the Magistrates Court and other work-related places.

-Partners-

Thornburgh threatened to file for a restraining order at that time, but failed to do so.

Prior to the argument with the VBTC staff, Thornburgh was seen in an intense discussion with the Public Prosecutor outside the Magistrates Courtroom, opposite the Vanuatu National Provident Fund (VNPF).

Close range photos
When Daily Post media director Dan McGarry arrived at the court compound with his camera, an unhappy Thornburgh and Jackson approached him and captured photos of him at a very close range.

The Australian lawyer who is practising law in Vanuatu was reported by the Daily Post to be allegedly implicated in the act of extortion contrary to section 138 of the Penal Code Act [CAP 135] which carries up to 14 years imprisonment as its maximum penalty.

Jackson is facing one count of complicity to extortion, contrary to section 3 and 138 of the Penal Code Act [CAP 135].

Yesterday morning, Thornburgh sought request from Senior Magistrate Moses Peter for non-publication on March 22, 2018, with reasons to exclude media coverage, particularly from the Daily Post. The application was approved by Senior Magistrate Peter.

The preliminary inquiry into this case has been adjourned to April 3, 2018.

Article by AsiaPacificReport.nz