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Date Posted: 02:04:36 03/07/00 Tue
Author: Anonymous
Subject: Another corrupt leader will soon bite the dust

News

Tuesday, 7th March, 2000


Ombudsman sticks to Gene referral
CHIEF Ombudsman Simon Pentanu yesterday reaffirmed his confidence in the legitimacy of the referral of Attorney-General Michael Gene for possible charges under the Leadership Code.
"The Ombudsman Commission is fully satisfied that this referral has been made in accordance with the procedural requirements of the Constitution and the Organic Law on the Duties and Responsibilities of Leadership,'' Mr Pentanu said.
On Friday, the commission announced that it had decided to refer Mr Gene to the Public Prosecutor over alleged misconduct arising from an affidavit reportedly sworn by Mr Gene in an Australian court in 1998.
Yesterday, Mr Pentanu said: "It is not appropriate to make any comments on the merits of the case, as the matter is now in the hands of the Public Prosecutor.''
He said the Ombudsman Commission had determined that there was a prima facie case that Mr Gene had been guilty of misconduct in office. The matter was investigated and Mr Gene was granted a right to be heard in August last year.
Public Prosecutor Panuel Mogish confirmed yesterday that Mr Gene had been referred to his office by the Ombudsman Commission for alleged breach of the Leadership Code.
Mr Mogish said the letter of referral, dated March 2, said that the commission was satisfied that there was a prima facie case against Mr Gene for misconduct in office.
He said his office was now studying the file to determine whether there was sufficient credible and admissible evidence to refer Mr Gene to a Leadership Tribunal for possible prosecution.
The matter referred to in the referral relates to private legal proceedings in the Supreme Court of Victoria in 1998.
An affidavit allegedly sworn by Mr Gene, who is the State's chief legal adviser, allegedly contained statements critical of Papua New Guinea's judicial system.
The Post-Courier had, in March last year, reported exclusively that Mr Gene was being referred to the PNG Law Society's disciplinary committee for allegedly making comments about PNG courts in the Victorian court.
The Lawyers Statutory Committee disciplinary body had also confirmed receiving a formal complaint from a private Port Moresby based firm.
Mr Gene, when contacted at that time, said that he could not recall making any such comments or that he had been served a notice by the law society's disciplinary committee.
He had said then that we must respect the PNG courts and there was no question about the integrity, independence and confidence in the court system because that was important to the pillar of democracy. It was also important to note, he said, that the judiciary was like any other state institute, facing the pinch of money woes.

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