Court to rule on judge’s case next month

The Waigani District Court will make its ruling on an application by lawyer representing Justice Sir Bernard Sakora on June 7.

Sir Bernard returned to court on Thursday for mention. His lawyer, Loani Henao, moved an application to dismiss the criminal proceeding on May 9.  The matter returned for mention where Fraud Prosecutor Michael Awagl responded to Henao’s application.

Sergeant Michael Awagl told the court the informant followed procedure before the arrest of Sir Bernard. 

However Henao maintained that the prosecution does not have the legal foundation to commence prosecution against Sir Bernard, who is a judicial office holder.

 He said the prosecution of the case cannot continue as it does not have the jurisdiction to do so describing it as a ‘clear futile’ proceeding.

He also said there was no evidence before the court on directions issued by the Public Prosecutor directing commencement of prosecution against Sir Bernard.

Sir Bernard was charged with judicial corruption under section 119 of the criminal code. Under that provision of section 119(5), prosecution of an offense against a person who holds a judicial office “cannot begin except by the direction of the Public Prosecutorr”.

Henao added a charge under section 119 of the criminal code is no simple matter and evidence of credibility must be made before prosecution commences.

He also said the information laid charging Sir Bernard was not signed by any magistrate, thus makes the information fatal.

A warrant of arrest was obtained from the Waigani District Court against Sir Bernard on April 7. It was executed on April 11 and Sir Bernard appeared before the Committal Court on April 12 after he was allowed bail at K1, 000.  

He was arrested and charged for judicial corruption on April 7 from allegations that arose from a commercial transection between his honor and a law firm in Port Moresby.

The charge against Sir Bernard alleges that on Sept 22, 2009, in Port Moresby, being a judge of the National and Supreme Court, he corruptly received from Paul Paraka through PKP Nominees Ltd, a sum of K100, 000 on account of him having in his judicial capacity to stay the operations of the Commission of Inquiry into the Department of Finance. A charge Sir Bernard denied.

He said through his lawyer that what transpired from the payment of K100, 000 to Sir Bernard was a commercial transection after his honor put out a public notice for the sale of a vehicle, a Ford Everest Station wagon registration no. BCA-531.

(Caption: Sir Bernard outside court on Thursday). 

Author: 
Sally Pokiton