Court orders cops to return seized K1.3m to owner

News that matter in Papua New Guinea

Court orders cops to return seized K1.3m to owner

PORT MORESBY: The National Court has ordered police to return K1.3 million that they seized during General Election 2022 (GE22) polling in Hela to the owner.

The court also ordered a gun, ammunition and other personal items belonging to Ipwenz Construction Ltd, a company contracted to upgrade and reseal parts of the the Highlands Highway in Hela.

The five persons, including a son of Prime Minister James Marape, who were arrested and released on bail were also not charged.

The court proceedings were reported by The National:

Cops to return K1.3mil

November 24, 2022The NationalMain Stories

THE National Court has ordered the police to return K1.3 million that they seized during General Election 2022 (GE22) polling in Hela to the owner.
The court also ordered a gun, ammunition and other personal items to Ipwenz Construction Limited, a company contracted to upgrade and reseal parts of the Highlands Highway in Hela.
Police made the seizure from Seth Pelipe and four others at Komo Airport on July 2 because they were suspicious of a substantial amount of money being brought into Hela during GE22.
The court in Waigani on Tuesday ordered police to return all that were seized to the company’s lawyers following an agreement reached between the parties.
The company was the plaintiff against Mobile Squad 3 commander Inspector George Gim, HelaPolice Commander Senior Inspector Robin Bore, Police Commissioner David Manning and the State as defendants.
The court also ordered the return of Pelipe’s glock firearm with 100 rounds of ammunition and his firearm licence and two mobile phones belonging to the company.
“The respondents shall ensure full compliance of the orders within seven days upon service of the orders. Upon compliance with orders (the) plaintiff shall discontinue the claim giving effect to the terms of these orders,” the court ruled.
The company filed a case in the National Court on Sept 7 for the release of items and cash confiscated. The company alleged a breach of various constitutional rights
Police said in the statement yesterday: “We, after concluding its investigation into this matter and after being satisfied beyond reasonable doubt that the monies involved in this incident were solely for commercial purposes, agreed to settle this matter to avoid further legal consequences.
“Under the Proceeds of Crime (Amendment) Act 2015, to lawfully hold onto or have the ability and power to keep items that were found either through a complaint or search, the case officer (investigating officer) must first and foremost ensure to charge a person (s) involved with the appropriate offence (s) under the law to validate the items seized as state evidence” or “state exhibit.
“The five persons arrested in Komo with the cash and items have not been charged to date.”
One of the five arrested included Prime Minister James Marape’s son. The five were released from the Tari police with no charges laid against any of them at that time as police were still investigating the matter.
Marape, who was in his Papiali village in Tari to cast his vote for his Tari-Pori seat in Hela in July, said the police were only doing their jobs.
“Even my family members are not above the law,” he said.
Police said they had established that the company was engaged by the Government to upgrade and reseal part of the Highlands Highway in Hela.
The construction location is along the road link between Tari and Nipa.
Police said in July, the company was about to commence work on the section of the road link between Tango and Ambua.
Police said the cash was intended to pay out the landowners of that particular stretch of road.

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