The Principal Lawyer of Young & Williams Lawyers, has alleged an abuse of process by Police, in his case regarding dividends of the Community Mine Continuation Agreement (CMCA) Trust Fund.
In a committal court proceeding, Greg Sheppard alleged that K2.3 million was paid to police officers involved in the investigation.
He alleged that 16 different payments were made to the police officers by an Australian Consultancy firm called FTI, and four separate payments made by the Department of Prime Minister and NEC, and the Western Provincial government.
The state alleges that Sheppard was involved in unlawfully transferring K52 million from K268million of the CMCA Trust Fund, into the bank accounts belonging to Young & Williams Lawyers. In a matter that was to deliberate on a search warrant application to access these bank accounts, Sheppard presented new evidence before Magistrate Tracey Ganaii.
Sheppard filed the affidavits on the abuse of process by the police officers.
He said, “We have some evidence that this prosecution has been paid for by people outside the police force including the Prime Minister’s Department and NEC, Fly River Provincial Government and an Australian firm, FTI Consulting.”
“FTI Consulting made 16 payments totaling K1.95 million.
“The Department of Prime Minister and NEC made four payments totaling K210, 492.
“Fly River Provincial Government paid K13, 800,” said Sheppard.
He said this is a breach of Section 196 and 197 of the Constitution where the Police Force should not be subject to direction or control by any person outside the force and to enforce the law in an impartial manner.
Police Prosecutor Sergeant Joseph Sangam argued that Constitutional matters should be dealt with at the higher courts while the committal court handle the issue at hand, which was for the courts to hear submissions on the search warrant and determine if there is enough evidence to commit the matter to the higher court.
Magistrate Ganaii has adjourned the matter to 22nd July.