NZ Prosecutor never received a single vatu from Vanuatu Police Force: Carcasses

New Zealand prosecutor, Christopher Griggs was brought to Republic of Vanuatu at the request of the Office of the Commissioner of Police in August 2014, with the agreement of the Office of Public Prosecutor and the Attorney General.

“But Griggs could not be paid by the Police Force, as agreed… and did not in fact receive one vatu from the Vanuatu Police Force for all the work he did,” Leader of Opposition Moana Carcasses revealed when he said the above.

“Neither did the Police Force pay for his accommodation at the Business Class Hotel in August, which they had booked and agreed to pay for.

“Fortunately, there are people in this Republic who do believe in the Constitution and the Rule of Law who were prepared to continue funding the important work Mr Griggs was doing.

“We should celebrate that. If they had not done so, the Prime Minister might have been able to achieve his aim of derailing the prosecution much earlier.”

MP Carcasses was commenting on Daily Post’s front page article on February 5, 2015 on Acting Public Prosecutor John Timakata’s firing of New Zealand barrister Griggs, who was appointed by Mr Timakata’s predecessor, Mr Leon Malantugun, to prosecute the criminal case of Public Prosecutor v Bong.

Carcasses said Mr Timakata took the extraordinary step of publishing the personal letter which he sent to Mr Griggs and making a public statement about why he had found it necessary to take this step and this shows a complete lack of professional courtesy on his part.

“This is just the latest in a series of outrageous actions which this Government has taken in an attempt to derail a serious criminal case which is before the courts,” Carcasses said.

“Due to the serious nature of the offences alleged against Mr Joshua Bong, Mr Aru Maralau and their co-accused, and the significant political influence which those gentlemen were known to have, the Police decided that an experienced overseas prosecutor should be appointed who would be completely free of any such pressures.

“The case raises very serious Rule of Law issues for the Republic and concerning the conduct of the Vanuatu Police Force.

“The Police Commissioner decided that certain aid money provided by Australia should therefore be used to pay Mr Griggs and that is what Mr Griggs was told would happen before he took the case.”

Mr Griggs came to Vanuatu and was appointed a State Prosecutor under the Public Prosecutor Act on August 11, 2014.

However, in January this year, the Minister of Internal Affairs, Charlot Salwai, announced that Mr Griggs had come to Vanuatu as a tourist.

“That is not true,” said MP Carcasses.

“In fact, Mr Griggs has never visited Vanuatu as a tourist. He has always stated on his arrival card that he was visiting Vanuatu on business.

“The Attorney General has advised the Government that Mr Griggs’ visits to and legal work in Vanuatu was quite lawful.”

He said a group of six dedicated officers of the Vanuatu Police Force had been working on the Bong case for many months by the time Mr Griggs arrived and took over the case on behalf of the Public Prosecutor’s Office, providing the Police with directions on what needed to be done to prepare the case for Court.

Carcasses continued, “In early October Mr Griggs wrote a report to the Acting Public Prosecutor, recommending that Mr Bong, Mr Maralau and six other serving policemen be charged with conspiracy to pervert the course of justice, false imprisonment and other offences.

“The report relied on 50 witness statements and 39 other pieces of evidence.

“It was comprehensive and explained why there was a reasonable prospect of conviction and a strong public interest in prosecuting. “However, Prime Minister Natuman does not want this case to go to Court.”

The Leader of Opposition alleged that on 15 September 2014, the government arranged the suspension of Commissioner of Police, Arthur Caulton because Commissioner Caulton had continued with the investigation into the Bong case even though he had been told to close it down.

“The Natuman Government then appointed Aru Maralau as Acting Commissioner, a person who they knew was one of those suspected of offences in the Bong case,” he said.

“On the same day, Prime Minister Natuman personally instructed Mr Maralau in writing to cease the investigation into the Bong case.

“The PM sent a copy of that letter to Acting Public Prosecutor Malantugun. When he did this, the PM breached Article 55 of the Constitution of the Republic of Vanuatu, which forbids interference with the Public Prosecutor. He also breached the Leadership Code Act.”

Carcasses said from this point, Mr Griggs could not be paid by the Police Force, as agreed, because Mr Maralau – one of the accused – had control of the Police Force finances.

He said on 24 October 2014, Prime Minister Natuman called a meeting with the State Law Office, the Acting Public Prosecutor and Mr Maralau.

“Mr Natuman personally directed the Acting Public Prosecutor to suspend the prosecution of the Bong case. This was another breach of the Constitution and the Leadership Code Act.

“Fortunately for the Rule of Law in the Republic, Mr Malantugun did not comply with this unlawful direction,” the Leader of Opposition alleged.

“On 18 November 2014, Mr Griggs filed the criminal charges against Mr Bong, Mr Maralau and the other accused in the Port Vila Magistrate’s Court.

“Three days later, Mr Maralau suspended all but one of the team of policemen investigating the case against him.

“The Government knew that he was taking this outrageous step and participated in it. On 26 November, Prime Minister Natuman personally suspended Chief Inspector George Twoomey, the leader of the investigation team.

“Despite that, the investigation team continued to do its job. All Ni-Vanuatu should be grateful that we have Police who are so committed to upholding the Rule of Law, despite unlawful political interference.”

The Bong case was first called before the Chief Magistrate on 2 December. It was then adjourned until 26 January 2015. In early January, Minister Charlot Salwai declared Mr Griggs a prohibited immigrant because he had been working in the Republic without a work permit.

“That was wrong in law,” Carcasses said. “The Attorney General has advised that Mr Griggs was lawfully present when working as a State Prosecutor.

“It is a shame that the minister didn’t take proper legal advice before publicly announcing such a decision. Minister Salwai never gave Mr Griggs his natural justice right to make a submission about the decision.

“In fact, neither he nor the Immigration Department ever notified Mr Griggs of the decision.

“The Immigration Department has publicly stated that Mr Griggs attempted to enter the Republic on 21 January and was turned back by a senior immigration officer. That is a blatant lie. Mr Griggs was on holiday in New Zealand at the time. Mr Griggs arrived at Bauerfield International Airport on 25 January and was permitted to enter the Republic without any concern being expressed.”

On January 8, around the same time it was declaring Mr Griggs a prohibited immigrant, the Government arranged for Leon Malantugun to be replaced by John Timakata as Acting Public Prosecutor.

Carcasses said all citizens of Vanuatu should ask why the Government did this as Mr. Timakata was the subject of a report by the Ombudsman on December 28, 1999.

“That report stated that Mr Timakata was wanted by the New Zealand Police on an arrest warrant relating to an allegation of injuring a woman with intent while he was studying in New Zealand. He did not go before the Court to answer that charge. Then, in order to be able to return to New Zealand without being arrested, Mr Timakata obtained a Vanuatu passport in another name.

“He did this while holding the appointment of Public Prosecutor. Minister Father Walter Lini asked for his resignation and Mr Timakata did resign. The then Ombudsman, Hannington G. Alatoa said: “By his past actions while he held a constitutional position, Mr Timakata has demeaned the position and diminished confidence in the integrity of the Government. He should not be appointed to any position in the public sector, at least until his case in New Zealand has been settled. By his past actions, Mr Timakata has brought his own name into disrepute and cast a stain on his own character. His conduct was unethical and was sufficiently serious in disqualifying him the right to practice law, a profession which entails the public trust, and a faith in the moral character of its practitioners.”

“A reasonable citizen might conclude that the case of Mr Timakata is just like that of Mr Maralau. They might conclude that the Government put someone into office who they could control because of that person’s alleged criminal past”.

But Daily Post understands Mr.Tamakata was charged with the criminal offence of injuring with intent in New Zealand in 1994, while he was just a student at Waikato University in New Zealand and prior to being appointed as Public Prosecutor of Vanuatu.

He failed to appear in court to answer the charge and a warrant in New Zealand was issued for his arrest thus when appointed Public Prosecutor for Vanuatu in 1996, the warrant in New Zealand was still outstanding. In 1997 he resigned.

It remains to be seen if Vanuatu’s Limitation Act has any bearing on Timakata’s case but it is now 21 years since Mr. Timakata was charged.

Meanwhile the next hearing of Mr. Bong’s case case is scheduled for 13 February.

The Leader of Opposition said Griggs was ready to prosecute the case, but now he is not going to be there.

“Who will be there?” Carcasses questioned.

“Will Mr Timakata grant the Prime Minister and his government their wish to have this case controlled and swept under the carpet?

“As a long time close and personal friend of Mr Bong, will he uphold his professional duty? If he does not, it will defeat the course of justice.

“It will be further proof that this Government does not respect the Constitution of the Republic of Vanuatu or the Rule of Law.

“Finally, all citizens of Vanuatu should ask why their prime minister would do the things he has done.

“These are questions I will continue to ask and demand answers until Vanuatu has a government which respects the law.”

The Office of the Prime Minister did not comment on Mr. Timakata’s appointment, saying it is under the jurisdiction of the Ministry of Justice.

“Mr. Carcasses has again raised the dismissal of former Police Commissioner Arthur Caulton, perhaps he forgot that it was not the office of the Prime Minister, but the Police Service Commission who made the decision based on some very serious allegations,” Government Public Relations Officer Kiery Manassah told Daily Post yesterday.

“The Leader of Opposition questioned the Ministerial Order by the Minister of Internal Affairs, declaring Mr. Griggs a persona non grata.

“The Attorney General’s (AG) advice on the matter is noted but is just that, an advice and the Ministerial Order upheld.

“The office of the prime minister notes the absence of proper documentation of Mr.Grigg’s employment in Vanuatu.

“His arrival cards declared he was here as a tourist visiting friends.

“The AG’s advice should be read along the Legal Practitioners Act CAP119 and the Labour Act.

“You cannot waltz in any country and do this, there are laws.

“The Leader of Opposition has many allegations but he needs hard evidence.

“Until such time he comes up with the evidence, the office of the prime minister sees his accusations as ways to attack the prime minister and the government in general.

“The multi-million dollar question here is, ‘who funded Mr. Griggs and paid for all his hotel costs’?”