PNG’s CJ wants Police Minister probed
News that matters in Papua New Guinea
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| The arrest of O'Neill's lawyer and a court officer are related to the above visual found posted on Facebook soon after The National Court on Oct 16 issued an interim stay order on the arrest warrant issued by a lower court against O'Neill. |
PNG’s CJ wants Police Minister probed
PORT MORESBY: Papua New Guinea (PNG)’s Chief Justice Sir Gibbs Salika wants Police Minister Bryan Krammer to be investigated for a post in the minister’s Facebook page.
Gibbs has requested that Kramer be probed under s.11 (Section 11) of the Summary Offences Act and to look at the the possibility of laying charges under the Cyber Crime Act as well.
Section 11 of Summary offences relate to a false or misleading report. It states a person who spreads false or wilfully misleading reports tending to cause trouble or ill feeling amongst people or groups of people, including between individuals is guilty of an offence. While the Cyber Crime Act provides for offences that relate to false publications.
The legals battles forged between former Prime Minister Peter O’Neill and Kramer are getting more and more bizarre by the day and weeks.
For context, read this earlier report: https://pngcybermonitor.blogspot.com/2019/11/bizarre-legal-battles-surround-warrant.html (Bizarre legal battles surround Warrant of Arrest for O’Neill).
PNG Cyber Monitor reproduces two related reports on the legal battles waged by O’Neill and Kramer as published by The National:
CJ files complaint against Kramer
By JEFFREY ELAPA and REBECCA KUKU CHIEF Justice Sir Gibbs Salika has lodged a formal complaint with the police against Police Minister Bryan Kramer.
In the complaint letter, dated Nov 11 and signed by Sir Gibbs, the CJ wants the police to investigate a post on the minister’s Facebook page last month.
The post was found on Kramer’s Facebook page soon after the National Court on Oct 16 issued an interim stay order on the arrest warrant issued by a lower court against former Prime Minister Peter O’Neill.
The National on Tuesday received a duplicate copy of the letter and the CJ’s office yesterday confirmed that the letter addressed to Police Comm David Manning is authentic and was delivered to Manning.
The three-paragraph letter reads:
“I formally lodge a complaint against the Honourable Member for Madang and the National Parliament and the Minister for Police, Honourable Bryan Kramer.
My complaint is that he posted articles on his Facebook page account relating to my role in referring a matter for Miviri, J (Justice Nicholas Miviri) to deal with in relation to an application for interim stay of a warrant of arrest by the Waigani District Court to arrest the Honourable Peter O’Neill.
His article on the Facebook page is inciting trouble or tending to cause trouble or ill-feeling among people.
“I request police to investigate the matter and to lay appropriate charges (sic) under s.11 (Section 11) of the Summary Offences Act and to look at the possibility of laying charges under the Cyber Crime Act as well.” Section 11 of Summary offences relate to a false or misleading report. It states a person who spreads false or wilfully misleading reports tending to cause trouble or ill feeling amongst people or groups of people, including between individuals is guilty of an offence. While the Cyber Crime Act provides for offences that relate to false publications.
Acting Police Comm David Manning said police would be investigating the CJ’s complaints of offences allegedly committed by Kramer.
Manning told a press conference yesterday that “the Office of the Commissioner had received a formal complaint from Sir Gibbs on Tuesday which was also copied to the Chief Ombudsman of the Ombudsman Commission.
“The matter has been referred to the Office of the Asst Comm (Crimes) Hodges Ette and an officer would be identified and tasked with carrying out the initial enquiries into the offence (s) allegedly committed by Kramer,” he added.
Kramer told The National yesterday evening that he was looking forward to being called in for questioning and that he would be helping police investigations by providing credible evidence to justify the statements published on Facebook, including evidence that had yet to be made public.
“For the record I won’t be avoiding arrest by hiding under the bed of a hotel room, hiding out in Parliament, or fleeing the country.
“I am only too happy to make myself available to the police officers tasked to investigate the Chief Justice’s complaint or any complaint for that matter,” he added.
Kramer said he was not aware of the complaint lodged by Sir Gibbs until he was contacted by mainstream media reporters on the CJ’s letter of complaint to Manning.
In the complaint letter, dated Nov 11 and signed by Sir Gibbs, the CJ wants the police to investigate a post on the minister’s Facebook page last month.
The post was found on Kramer’s Facebook page soon after the National Court on Oct 16 issued an interim stay order on the arrest warrant issued by a lower court against former Prime Minister Peter O’Neill.
The National on Tuesday received a duplicate copy of the letter and the CJ’s office yesterday confirmed that the letter addressed to Police Comm David Manning is authentic and was delivered to Manning.
The three-paragraph letter reads:
“I formally lodge a complaint against the Honourable Member for Madang and the National Parliament and the Minister for Police, Honourable Bryan Kramer.
My complaint is that he posted articles on his Facebook page account relating to my role in referring a matter for Miviri, J (Justice Nicholas Miviri) to deal with in relation to an application for interim stay of a warrant of arrest by the Waigani District Court to arrest the Honourable Peter O’Neill.
His article on the Facebook page is inciting trouble or tending to cause trouble or ill-feeling among people.
“I request police to investigate the matter and to lay appropriate charges (sic) under s.11 (Section 11) of the Summary Offences Act and to look at the possibility of laying charges under the Cyber Crime Act as well.” Section 11 of Summary offences relate to a false or misleading report. It states a person who spreads false or wilfully misleading reports tending to cause trouble or ill feeling amongst people or groups of people, including between individuals is guilty of an offence. While the Cyber Crime Act provides for offences that relate to false publications.
Acting Police Comm David Manning said police would be investigating the CJ’s complaints of offences allegedly committed by Kramer.
Manning told a press conference yesterday that “the Office of the Commissioner had received a formal complaint from Sir Gibbs on Tuesday which was also copied to the Chief Ombudsman of the Ombudsman Commission.
“The matter has been referred to the Office of the Asst Comm (Crimes) Hodges Ette and an officer would be identified and tasked with carrying out the initial enquiries into the offence (s) allegedly committed by Kramer,” he added.
Kramer told The National yesterday evening that he was looking forward to being called in for questioning and that he would be helping police investigations by providing credible evidence to justify the statements published on Facebook, including evidence that had yet to be made public.
“For the record I won’t be avoiding arrest by hiding under the bed of a hotel room, hiding out in Parliament, or fleeing the country.
“I am only too happy to make myself available to the police officers tasked to investigate the Chief Justice’s complaint or any complaint for that matter,” he added.
Kramer said he was not aware of the complaint lodged by Sir Gibbs until he was contacted by mainstream media reporters on the CJ’s letter of complaint to Manning.
O’Neill’s lawyer on bail
By REBECCA KUKUONE of former Prime Minister Peter O’Neill’s lawyers, who was arrested on Tuesday afternoon, was released on K1,000 police bail yesterday.
The lawyer was arrested by a special investigation team from the police National Fraud & Anti-Corruption Directorate for interrogation.
A Waigani district court official who was nabbed on Monday for questioning and charged, was also released on K1,000 police bail.
Police Comm David Manning told a press conference yesterday afternoon that both the lawyer and the court official were charged with:
The lawyer was arrested by a special investigation team from the police National Fraud & Anti-Corruption Directorate for interrogation.
A Waigani district court official who was nabbed on Monday for questioning and charged, was also released on K1,000 police bail.
Police Comm David Manning told a press conference yesterday afternoon that both the lawyer and the court official were charged with:
- Attempting to pervert justice under Section 136 of the Criminal Code Act, Chapter 262;
- forgery under Section 462 of the Criminal Code Act, Chapter 262; and,
- Uttering under Section 463 of the Criminal Code Act, Chapter 263.
Manning said: “Police carried out investigations into allegations that O’Neill had relied on a fake warrant of arrest to obtain a stay against police effecting his arrest. Relying on findings of those investigations, police formed the view that there was reasonable grounds to believe both the accused colluded to forge court documents to mislead the National Court to grant a stay order.
“Based on those findings, police arrested and formally charged the lawyer and the court official.”
Manning said both had been released on bail and ordered to appear before a magistrate.
“I am also aware there have been numerous allegations and counter allegations in both mainstream media as well as the social media concerning the warrant of arrest issued against O’Neill.
“Given the sensitivity of this issue and that it concerns Members of Parliament (MPs), I ask the media to do their job professionally and diligently without fear or favour.
“It is important they report on the facts and cross check any purported facts offered to them,” he added.
Manning said he was also aware of a press statement issued by O’Neill, claiming that a criminal complaint has been lodged against Police Minister Bryan Kramer, alleging that the minister forged and falsified a defective arrest warrant against him (O’Neill).
“However, I have since been briefed that the complaint was in fact lodged today.
“I have also been informed that it was assessed as a counter-complaint intended to derail an on-going investigation and as such the National Capital District Metropolitan Superintendent will be responding (to O’Neill) accordingly.
“I can confirm no such complaint was filed with the Metropolitan Superintendent yesterday as purported by the press release (issued by O’Neill),” he said.
Manning also said that the allegations that police relied on a warrant of arrest forged by Minister of Police is false and highly derogatory.
“Under my tenure as Acting Police Commissioner, investigations have been conducted professionally and diligently without fear or favour.”
“Based on those findings, police arrested and formally charged the lawyer and the court official.”
Manning said both had been released on bail and ordered to appear before a magistrate.
“I am also aware there have been numerous allegations and counter allegations in both mainstream media as well as the social media concerning the warrant of arrest issued against O’Neill.
“Given the sensitivity of this issue and that it concerns Members of Parliament (MPs), I ask the media to do their job professionally and diligently without fear or favour.
“It is important they report on the facts and cross check any purported facts offered to them,” he added.
Manning said he was also aware of a press statement issued by O’Neill, claiming that a criminal complaint has been lodged against Police Minister Bryan Kramer, alleging that the minister forged and falsified a defective arrest warrant against him (O’Neill).
“However, I have since been briefed that the complaint was in fact lodged today.
“I have also been informed that it was assessed as a counter-complaint intended to derail an on-going investigation and as such the National Capital District Metropolitan Superintendent will be responding (to O’Neill) accordingly.
“I can confirm no such complaint was filed with the Metropolitan Superintendent yesterday as purported by the press release (issued by O’Neill),” he said.
Manning also said that the allegations that police relied on a warrant of arrest forged by Minister of Police is false and highly derogatory.
“Under my tenure as Acting Police Commissioner, investigations have been conducted professionally and diligently without fear or favour.”
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