Sir Bernard Sakora

OC refers Sir Bernard to Public Prosecutor

In a statement released today, the OC said it decided to refer Sir Bernard to the Public Prosecutor for an independent deliberation following its investigation of alleged misconduct in office.

Chief Ombudsman Michael Dick said in the statement that the referral is now in the hands of the Public Prosecutor, who has the discretion either to bring, or decline to bring, the proceeding, under the Leadership Code, for alleged misconduct in office in accordance to section 177(1)(b) of the Constitution.

No legal representation for fraud officers

Inspector Joel Simatab, from the National Fraud and Anti-Corruption Directorate, and his Director Chief Superintendent Matthew Damaru, on June 30 last year filed a judicial review challenging the District Court's decision to dismiss the case against Justice Sir Bernard Sakora, who was then facing allegations of judicial corruption.

Being officers of the Royal PNG Constabulary and acting in their capacity, they wrote to the Attorney General seeking approval for legal representation as per section 7 of the Attorney General’s Act.

Case against Justice Sakora dismissed

Magistrate John Kaumi handed down a ruling on an application that was moved by Sir Bernard’s lawyer Loani Henao, asking the court to dismiss the case.

The Committal Court found it does not have jurisdiction to prosecute or commence a criminal proceeding against Sir Bernard, who occupies a judicial office because certain laws were not complied with. 

Justice Sakora moves to dismiss case

He moved the application before magistrate John Kaumi, who adjourned the matter to May 26 where he will make a ruling. The adjournment was also done to give time to police prosecution to make a response in writing before the court.

The court was also told that the directions from the public prosecutor to prosecute the case came after the arrest of Sir Bernard on April 11.