Lawyer representing Komo-Margarima MP, Francis Potape, today asked the court to stop the trial and acquit his client of the misappropriation allegations level against him.
Justin Haiara this afternoon submitted that his client has no case to answer to after prosecution closed its case yesterday.
Justice George Manuhu, in hearing Potape’s no-case submission, reserved his ruling to July 21.
Haiara submitted that Potape does not have a case to answer to and that some or all of the elements in the charges have not been proven by the State.
He said the evidence as it is before the court is incomplete or insufficient for the defense (Potape) to present its case.
Potape is alleged to have dishonestly applied to himself and the use of others K330,000, monies belonging to the Komo-Margarima Joint District Planning and Budget Priorities Committee (JDP&BPC).
His lawyer said none of the evidence produced by the State during the three-day trial establishes elements that Potape misappropriated his district’s DSIP funds.
State, on the other hand, said there is indirect or circumstantial evidence before the court that points to the allegations.
On Monday this week, Potape pleaded not guilty to two counts of misappropriating monies from the district treasury account between Nov 4 and Nov 30, 2010.
In the first count of misappropriation, State alleges that Potape, of Uluma village, Komo-Margarima, Hela Province, between the Nov 4-30, 2015, at Mendi, dishonestly applied K60,000 to his own use, an amount that is the property of the state of Papua New Guinea.
State also alleges that between the same periods, Nov 4-30, 2010, at Mendi, Potape dishonestly applied to use of 10 others (named) property of the State amounting to the total amount of K270,000.
State alleges Potape being the chairman of the JDP&BPC, passed a resolution on Nov 21, 2010, to pay themselves outstanding sitting allowances covering transport, security and food for over 12 meetings from 2009-2010.
A Joint District Planning and Budget Priorities Committee is required to sit four times a year and for each sitting, members present will be paid K25 per day, according to the salary remuneration regulation.
State alleges that on the meeting on Nov 20, 2010, Potape, sitting as the chairman, with other members passed a resolution to pay themselves sitting allowances from developmental funds at a rate that was excessively over the approved salary remuneration regulation.
The State alleges that they resolved to pay themselves K2,500 per sitting for members while the chairman was to be paid K5,000 per sitting, irrespective of whether they attend the meeting or not.
The committee consists of the chairman (Potape), seven members and three elected members. From the resolution, K60,000 would be paid to Potape while K30,000 each will be paid to the 10 sitting members.
State further alleges that Potape was not supposed to pay himself sitting allowance as he was already paid electorate allowance at K1,386.50 fortnightly. That allowance can cover for staff payment, electorate travel and office rental, among others, on top of two vehicle allowance he has for vehicle usage in both Port Moresby and his electorate.