Vol. 34 No.213
       ©2007 Marianas Variety
Thursday, January 11, 2007 www.mvariety.com
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Procedures in Moti arrest breached PNG laws

PORT MORESBY (Pacnews) — All procedures involved in the arrest and transportation of Julian Moti to the Solomon Islands breached laws and regulations in Papua New Guinea.
And exposing those involved in the Moti saga is dragging in the PNGDF board of inquiry, which has its legalities questioned.
Last week, national security chief Joseph Assaigo and chief secretary Joshua Kalinoe, who are key witnesses, gave evidence in private after their lawyer Davis Stevens won his argument to take the hearing behind closed doors.
The defense minister is yet to sign instruments to reopen the inquiry to the public.
Evidence given by more than 15 witnesses to the inquiry over the past three weeks indicate that the arrest of Moti inside the transit lounge at Jackson’s International Airport using an arrest warrant faxed in from Australia, up to when he was flown out of the country using a PNGDF Casa aircraft, violated laws and regulations of Papua New Guinea.
Customs and immigrations officers told the inquiry that the airport transit lounge was “no man’s land” and PNG authorities could not enter it to arrest or detain a passenger who was in transit to another country.
“We have no authority to go to the transit lounge and question or apprehend passengers who are transiting, it is a violation,” Casey Gabu, immigration officer, said.
NEC Secretary Winnie Kiap told the inquiry that Capt. Ur Tom was not appointed as acting commander of the PNGDF but illegally acted in the position and gave orders to solders who executed the “great escape.”
“He was illegally occupying the position of acting commander of the PNGDF during the escape of Julian Moti,” Kiap said.
Moti was secretly flown out of the country without attending a court case laid against him by police.
“Those involved in secretly transporting Moti out of the country will face contempt of court charges,” said John Kawi, counsel assisting the inquiry.
Civil Aviation Authority chief executive officer Joseph Kintau said he will proceed to lay charges against PNGDF pilots who flew Moti out for breaching CAA regulations and committed safety offences stated in the Civil Aviation Act 2000.
Kintau said PNG did not have military airspace and army pilots should be abide by the CAA regulations.