Malaysian expat, ENB man to stand trial for conspiracy to defraud logging firm

 News that matter in Papua New Guinea

 

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Malaysian expat, ENB man to stand trial for conspiracy to defraud logging firm

PORT MORESBY: A Malaysian expatriate and a West New Britain man have been committed to stand trial in the National Court for conspiring to defraud a logging firm by allegedly colluding with Government officials to revoke the firm’s logging permit.

Details of the court proceedings were reported by The National:



Expat, local man to stand trial

September 23, 2021The NationalNational

A MALAYSIAN man and a West New Britain man have been committed to stand trial in the National Court for conspiring to defraud a logging firm by allegedly colluding with Government officials to revoke the firm’s permit.
Waigani committal court magistrate Garry Unjo on Tuesday ruled that there was sufficient evidence to have Kong Heng Siong, 47, from Sarawak’s Sibu in Malaysia, and Joe Biris, 61, from Kandrian-Gloucester’s Sara village in WNB to stand trial on the charge of conspiracy to defraud.
Unjo, however, struckout the duo’s second charge of false pretence because it was wrongly laid and therefore defective.
In his ruling, Unjo said the six elements which would prove conspiracy under s.407 (1) (b) of the criminal code were present in the evidence of the police file.
The duo out on bail and will return at a later date for their s.96 statement.
“The act of conspiracy must first develop from the mind of a person.
“He must have some knowledge that the conduct of which he would execute is an unlawful act and does it secretly without the knowledge of others.
“The accused had conspired with certain members of the landowners and officers of the National Forest Authority to defraud Pulie Anu Timber Company and the existing company in operation, in the absence of any argument of forging signatures of the Logging Marketing Agreement,” Unjo said.
Police alleged that on Nov 14, 2020, Kong in collaboration with Biris, made an application to the National Forest Board for a logging licence to be issued to him and his company, namely Green Wood PNG Ltd to operate and do logging in the Pulie Anu LFA area in Kandrian, WNB. The alleged issue arose when the breakaway landowners of GR Logging Ltd held a secret meeting on Nov 14, 2016, and appointed themselves as directors of GR Logging Ltd without the consent and knowledge of the duly elected and current directors.
The matter was taken to court by the aggrieved directors in 2018 where the National Court, in its consolidated ruling, nullified the appointment of the directors.

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