Jimmy Maladina

Maladina filed a claim against the state last year over the K2.65 million restitution he paid to the state on July 24, 2015, prior to the National Court handing down its sentence in the criminal proceeding against him on 13 August 2015.

The claim stems from the criminal case which he stood trial over from 4 May 2015.

Justice Hitelai Polume Kiele refused the application for default judgment against the state as there was no clear pleadings of ownership of the K2.65 million cheque.

Mariano Edward Lakae of Apanaipi village, Bereina, Central province, who conspired with two others to defraud the National Provident Fund some 18 years ago, was sentenced to six years in prison. However, the court wholly suspended that jail term because the accused has since aged and the case had dragged on for too long.

The court was of the view that Lakae’s case took too long to come to finality and he suffered enough.

Mariano Edward Lakae of Apanaipi village, Bereina, Central province, was convicted by the Waigani National Court for conspiring with Jimmy Maladina and Herman Joseph Leahy. They plotted to defraud the then NPF and misappropriated a total of K235,000 between 1998 and 1999.

Deputy Chief Justice Sir Gibbs Salika, in his decision, said there was evidence Lakae met with Maladina to discuss his engagement to provide valuation service and that he would share his fees with Maladina.

A three-man Supreme Court Bench this morning found that the trial judge made an error in his decision when he made adverse findings against the accused.

Justices Les Gavara Nanu, Don Sawong and Terrence Higgins found that the trial judge misdirected himself on law and misapplied principles of law when he found Maladina guilty of conspiring to defraud NPF and misappropriating K2.65m.

This is the decision of Maladina's appeal against his conviction from last year.

The court allowed his appeal quashing his conviction.

Maladina is appealing his conviction before a three-man Supreme Court bench consisting of Justices Les Gavara-Nanu, Don Sawong and Terrence Higgins.

On September 21, his lawyer told Justice Stephen Kassman, who was sitting then as a single Supreme Court judge, that they had filed the appeal and served the appeal book to the Public Prosecutor’s office.

The matter will return to the Supreme Court today for the substantive hearing which is his conviction of May 21 that was handed down by the Deputy Chief Justice Sir Gibbs Salika.

His lawyers filed the appeal application last week after he was convicted for conspiracy and the misappropriation of K2.65 million on May 21.

He was sentenced to two years in prison with a fully suspended jail term and placed on two years good behavor bond by the Deputy Chief Justice Sir Gibbs Salika on August 14.

Maladina's lawyers told Justice Stephen Kassman this morning (September 21) that the appeal was filed and an appeal book also served to the Public Prosecutors office.

Chief Justice Sir Salamo Injia who is sitting as a single Supreme Court judge refused and dismissed Maladina’s application today.

The bid was for an interim order to stay the criminal proceedings in the National Court pending determination of an appeal against his conviction.

Leave was granted on July 5 to appeal against his conviction on the ground that the trial judge convicted the prisoner who is out on bail on circumstantial or indirect evidence before his court.

 Maladina is seeking an interim order to put off his sentencing that is scheduled for July 15 before Deputy Chief Justice Gibbs Salika.

He went before Chief Justice Sir Salamo Injia who is sitting as a single Supreme Court judge on July 6 seeking a stay against the National Court sentencing of him next Wednesday.

His application comes after the Supreme Court on Friday July 3 granted leave to Maladina to appeal his conviction on the ground that the trial judge, Deputy Chief Justice Sir Gibbs Salika, convicted Maladina on indirect evidence.

 Maladina went before the Chief Justice Sir Salamo Injia this afternoon (July 6) seeking a stay against the National Court sentencing him on July 15.

Sir Salamo will make a ruling on the application on Wednesday (July 08).

The Chief Justice, in hearing the application from Maladina’s lawyer Greg Sheppard, said such application was the first of such going before the Supreme Court before sentencing in his 20 year experience at the courts.