The Supreme Court yesterday dismissed an appeal by businessman, Achilles James Peni against his conviction on Dec 5, 2013 that he misappropriated K2.7 million.
The court found that the appellant, Peni did not show evidence that a miscarriage of justice took place in 2013 when the trial judge found him guilty.
Justice Ambeng Kandakasi in reading the unanimous decision of the full court said appeals do not undo convictions but are only there to correct miscarriage of justice where it occurs.
He said the trial judge had found beyond reasonable doubt that Peni dishonestly applied to his own use and to the use of others, K2, 700,000, property belonging to the Autonomous Region of Bougainville Government.
Peni of Korogu village, Wosera in East Sepik Province was found guilty on Dec 5, 2013. He currently is on a suspended sentence, and on good behaviour bond.
The court found that on August 1, 2008, Peni submitted a technical proposal on behalf of his company, Millennium Water Ltd to the Regional Member for Bougainville, showing his expression of interest for project to construct water treatment and supply for Buka General Hospital.
On December 13, 2008, Millennium Water Ltd submitted an invoice number 164/08 for K2.7 million to Bougainville District Administration Treasury Office.
On December 30, 2008, the cheque No. 172728 for K2.7 million kina was deposited into Millennium Water Ltd Account at the Bank South Pacific, Waigani Drive Branch, National Capital District.
On February 4, 2009, Peni deposited K500, 000 into an interest bearing deposit account with Kina Finance Ltd. He then wrote other cheques and issued to other companies which were not directly related to the Buka Hospital Water project.
After the 18th month (1 yr 6 months) the Buka Water Supply Project had not been completed and what could be seen of the project is a big hole all at the cost of K2.7 million
He was found guilty and convicted of the charge of Misappropriation under s.383A of the Criminal Code Act.