A three-man Supreme Court bench today quashed the conviction of former National Provident Fund Board Chairman Jimmy Maladina after it found the trial judge had made errors in his decision.
The case which originated from events some 17 years ago took another twist today when the High Court upheld Maladina’s appeal after he demonstrated that the trial judge fell into a series of fundamental errors of law and fact when he (Judge) found him guilty.
Deputy Chief Justice Sir Gibbs Salika on June 21 last year found Maladina guilty for conspiring to defraud NPF and the state of K2.65 million. He was also found guilty to misappropriating the said amount.
The trial Judge’s decision was based on circumstantial or indirect evidence since the state did not prove the case beyond reasonable doubt.
This decision was quashed today when Justices Les Gavara Nanu, Don Sawong and Terrence Higgins all allowed Maladina’s appeal after they found that there were series of errors on law and finding of facts which led to Maladina’s conviction then.
Justice Les Gavara Nanu handed down a summary decision on behalf of his brother judges.
He found that adverse finding was made by the trial judge after Maladina had opted to remain silent by exercising his right under section 37(10) of the Constitution.
During the trial last year, the defense chose to remain silent after the state/Prosecution had closed its case. Maladina did not call evidence during the trial.
Only five out of 27 witnesses indicated on the indictment were called during the trial in May last year while four of the remaining witnesses’ statements were tendered into evidence.
He said the trial Judge’s view that Maladina should have given evidence to explain the issues raised by the prosecution was a fundamental error of law.
There was no evidence before court linking the K400,000 Carter Newel Lawyers paid to Maladina from the loan that NPF obtained from PNGBC.
It was the trial judge’s view that K400,000 was part of the K2.65 million that Maladina and his alleged co-conspirators fraudulently got the NPF Board to pay Kumagai Gumi, the Japanese construction firm of the NPF tower.
He said the trial judge found there was no direct evidence of an agreement between Maladina and his alleged co-conspirators to defraud NPF.
The court found that justice was miscarried that there was no evidence before the court.
Based on the first count of Maladina conspiring with others to defraud NPF, the court found there was no need to consider the second count of misappropriation as there were errors in the court finding Maladina guilty of misappropriating the K2.65 million.
“With great respect, I find the judgment of the trial judge was fundamentally flawed due to series of errors resulting from conjecture and misdirection’s as to the law and the relevant principles,” he said.
The case was committed for trial in Oct 21,2004. An indictment was presented in court on Aug 11,2008 however the actual trial did not take place until May 4,2015.
On Aug 13 last year, Maladina was sentenced to 6 years for conspiring with others to defraud NPF and the state on the first charge against him and sentenced to 8 years for misappropriation of K2.65 million on the second count.
However Sir Gibbs used the Court’s discretion to fully suspend Maladina’s sentence on grounds restitution was paid and that the trial and that his constitutional rights to a trial within a reasonable time was denied due to the long overdue delay to the trial.
Maladina’s sentence of eight years in prison was fully suspended by the court and he was instead put on two years good behaviour bond.
This sentence is now also quashed as Maladina has been acquitted or cleared of court from finding him guilty.
Loop File picture.