Change of judge for K260m Western People Dividend Trust case

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Greg Sheppard                                                            Gloria Salika

 

Change of judge for K260m Western People Dividend Trust case

PORT MORESBY: Public confidence in the administration of justice requires that where there is a possibility of bias, a judge must excuse himself or herself from a case, Judge Teresa Berrigan says.

Judge Berrigan said this in the National Court in Waigani yesterday (Nov 17, 2022), when disqualifying herself from hearing a misappropriation case against lawyers Greg Sheppard, from Perth, and Gloria Salika (daughter of Chief Justice Sir Gibbs Salika), 39, from South Fly’s Kulakea village in Western.

They are jointly charged with executive assistant Tabitha Malken from Wosera-Gawi’s Jambitanget village in East Seppik, and directors Boston Kasiman, Edna Oai and Annie Smerewai.

They are alleged to have misappropriated a total of K260 million belonging to Western People Dividend Trust.

The court proceedings were reported by The National:

Judge excludes herself from case

November 18, 2022The NationalMain Stories

By BEVERLY PETER
PUBLIC confidence in the administration of justice requires that where there is a possibility of bias, the judge must excuse himself or herself from the case, a judge says.
National Court judge Teresa Berrigan said this at Waigani yesterday when disqualifying herself from hearing a misappropriation case against lawyers Greg Sheppard, from Perth, Australia, and Gloria Salika, 39, of Kulakea village in South Fly, Western, and executive assistant Tabitha Malken of Jambitanget village in Wosera-Gawi, East Sepik, and directors Boston Kasiman, Edna Oai and Annie Smerewai.
“It is required that justice must be and must be seen to be independent,” she said.
Berrigan disqualified herself because she said she knew one of the witnesses Sheppard intended to call during the proper trial.
“The intended witness Mr Spence is an accountant by profession and provides me with financial advice,” she said.
“It seems that he also provides financial advice and manages Young and William Lawyers’ trust fund account which Sheppard is the sole signatory of.”
The judge said she had only found out on Tuesday that Spence would be called as a witness in the case.
“I became aware of this after going through an affidavit by Sheppard indicating for Spence to be a witness in relation to their bank account,” she said.
She said she was not aware of this earlier because Spence was not on the witness list but only indicated in the affidavit.
Judge Berrigan said the case was still at the early stage and none of the 44 witnesses to be called in the trial were called yet.
She then transferred the file to the registry for another judge assigned to the case.
Sheppard, Salika and Malken, were charged with one count each of misappropriation in relation to the misuse of K52 million and Kasiman, Oai and Smerewai were charged for their involvement as well as with the misuse of K218 million.
The total of K260 million belonged to Western People Dividend Trust to fund development projects for the community around OK Tedi mine.
The matter started and ended its voir dire (a trial within a trial) last week to determine the legality of the search warrant executed by the police in obtaining evidence.
The decision on voir dire was pending when the judge disqualified herself.