DISTRICT COURT REFUSES TO HEAR APPLICATION FOR WARRANT OF ARREST AGAINST DAMARU, GITUA & THEIR LAWYER.
This morning Officer-in-charge of Special Police Internal Investigation team Inspector Jacob Ivaroa set up under the authority of Commissioner of Police appeared in District Court before Senior Magistrate Cosmar Bidar seeking three warrants of arrest against Director of National Fraud & Anti-corruption Directorate Mathew Damaru , his former Deputy Timothy Gitua and their Lawyer McRonald Nale of Jema Lawyers.
Inspt. Ivaroa filed the motion yesterday (Wednesday 30/9/15) seeking the warrants of arrest against three gentlemen on the charges they committed perjury, a criminal offence under Section 121(2) of the Criminal Code
The provision states that perjury is a person who in any judicial (court) proceeding, or for the purpose of instituting any judicial proceedings, knowingly gives false testimony concerning any matter that is material to any question then depending in the proceedings or intended to be raised in the proceedings, is guilty of the crime of perjury.
Section 121 s(7) states A person shall not be arrested without a warrant.
For this purpose Police can not arrest Damaru, Gitua or McRonald on the charge of perjury without first obtaining a warrant (order from the District Court).
Ivaroa filed information before the District Court alleging that Damaru, Gitua and Nale committed perjury when they gave false testimony in relation to the contempt of court proceedings brought against Baki currently before the National Court. Damaru and Gitua filed contempt proceedings against Baki claiming he perverted (interfered) the course of justice after he allegedly consented (agreed) to stay (stop) warrant of arrest against Secretary of Treasury Dairi Vele. McRondald Nale also named in the warrant of arrest is Managing Partner of Jema Lawyers who represent Damaru and Gitua in those proceedings.
The Damaru and Gitua are the lead investigators pursuing the warrant of arrest against the Prime Minister in relation to the alleged fraudulent payments to Paraka Lawyers.
Baki terminated Timonthy Gitua on 28th September 2015 on disciplinary charges leaving Damaru as the sole plaintiff.
It’s reported that Magistrate Cosmos Bidar refused to hear the application moved by Ivaora and instead adjourned (referred) it to the Court Registry because the issues and charges related to proceedings that are already before the National Court.
Further he said the case was also in relation to the warrant of arrest for Treasury Secretary Dairi Vele which is pending before him in the District Court.
PNG Loop reported that Bidar explained that the matter against Vele will return for hearing on October 22 and said it was appropriate Vele’s application to dismiss that warrant of arrest against him is dealt with first before the application for the warrants of against Damaru, Gitua and Nale are heard.
Last week the Chief Migration Officer issued a travel ban against Damaru and Gitua Australian based lawyers Greg Egan and his Counsel from entry PNG to represent their clients. Baki then terminated Gitua from the Force leaving Mathew Damaru to pursue the cases against Baki and Prime Minister.
Political informants are alleging that the arrest against Damaru was deliberate in the guise (hidden agenda) to sideline Damaru and removing him for the existing cases against the Prime Minister.
It’s important to note following the warrant of arrest issue by District Court Baki made public that all further warrants of arrest must seek his explicit consent. Based on those directives Ivaroa could not have applied for warrants without Baki’s consent or knowledge.
Regardless the efforts to arrest Damaru, Gitua and their lawyer has failed for now.