Former PNG Auditor General Philip Nauga is a relieved man after the Supreme Court dismissed an appeal by those who prosecuted him.
The prosecution stemmed from allegations that Mr Nauga, whilst the Auditor-General around 2013, fraudulently awarded two contracts to an accounting firm, Frank Benabo and Associates, to audit the DSIP funds of two districts.
Mr Nauga was criminally prosecuted around March 2013, two days before his contract of employment as the Auditor-General of Papua New Guinea expired.
He was slapped with four charges which included abuse of office, official corruption, conspiracy to defraud and misappropriation.
However, all charges against Nauga were dismissed by the Committal Court after the court found that there was insufficient evidence to further prosecute the matter and commit Nauga on the charges.
Nauga then filed an application for damages for malicious prosecution at the National Court, which was further granted. The National Court also noted that the awarding of the contract to Frank Benabo and Associates was done through an internal tenders board decision as per the firm's submissions and that the firm had also engaged in similar contracts with the Auditor-General's office in the past.
There was no corrupt intent in the engagement.
However, the State through the office of the Solicitor-General and three other appellants, appealed the decision of the National Court in the Supreme Court.
Nauga contested the application and filed for dismissal of the appeal for want of prosecution.
A three-man Supreme Court bench in Waigani comprising Justices Jacinta Murray, Peter Toliken and John Kaumi on Friday November 2, 2023 granted Mr Nauga's application to dismiss the appeal for want of prosecution.
The matter is set to return to the National Court for assessment of damages.
Nauga, who's reputation was tainted because of the arrests filed for damages in the National Court against the current appellants for malicious prosecution and breach of his human rights pursuant to Section 37 of the Constitution.