Questions raised on dates in Kapris trial

By ROSALYN EVARA, Post Courier

Questions were asked last Friday about the statements which were brought before the court by the state witnesses in relation to the Madang Bank South Pacific heist.
The questions were raised by the defence councels and were in relation to dates which had appeared in two of the witnesses statements which apparently were not only contrary to the sworn oral evidence they signed but in one file had been altered with a pen.
Further, that despite claims by the witnesses that their statements were given to police in Tok Pisin the statements on file were in English and were not dated even though the witnessess were able to state when the statements were taken down.
Given these contradictory facts which were presented suggestions were made by the defence lawyers that the witnesses has signed more than one statement but all four insisted they had only done so once.
The first of the witnesses who was called to swear on oath was Ezikiel John Mai who despite in the statement he signed in the file against Isabelle Kivore stated he had met her for the first time on June 26, remained adamant it happened on June 19.
He reached into his pocket pulling out a statement which he claimed contained the real facts which he had given to police and consistent with his testimony in court.
This forced the senior state prosecutor Pondros Kaluwin to seek a brief adjournment from the court to clarify the issue on how many statements had been taken. Soon after the short recess Mr Mai’s daughter Jane was called to the box.
the trial continues at 9am today.

Judge visits Beon jail compound

Accused bank robber William Nanua Kapris sitting in his bunk in his dark cell (at the Beon jail) as the doors were open. Inset: Kapris raising concerns with Justice David Cannings during his visit to Beon on Saturday.

By ROSALYN EVARA, Post Courier

THE trial into the Madang Bank South Pacific robbery will continue this week with the National Court expected to make a ruling on several human rights applications.
The applications were filed last Thursday by David Dotaona of Dotaona Lawyers on behalf of his client William Nanua Kapris and Siminji from the Public Solicitors Office on behalf of Kito Aso, Elvis Bala Aka and Isabelle Kivare.
Kivare is one of the two women accused in this robbery who was transferred a fortnight ago from Bomana to Beon with her two-year-old daughter.
All four, the court heard last week when the applications were filed, were being held in separate confinements, had been denied all basic rights including access to a lawyer, doctor and visitation by family and friends and had been subject to a lot of abuse.
Justice David Cannings had committed himself to visit the prison grounds to see firsthand their living conditions before making a ruling.
This he did over the weekend under police and CS escort.
The judge’s first stop after meeting with the jail commander Joe Jarko was the female compound where Kivare and her daughter were being held.
There he learned from the women warders that it was the practice for women coming into prison with their young children to be kept in separate holding areas so as not to disturb other inmates.
He heard the two were living in one of the blocks alone because the other was full.

Ramu NiCo plant 90% done

RAMU NiCo’s nickel and cobalt refinery at Basamuk, in Madang’s Astrolabe Bay, is 90% complete, says Ramu NiCo’s vice-president Yang Yong.

Yong told The National at his Basamuk office last Tuesday that all the work should be completed before the project is commissioned in October.

Speaking to the PNG media for the time, he said that the refinery, which included the deep sea tailings placement (DSTP) system, comprised 80% of the company’s US$1.37 billion investment in the project.

Yong said the refinery is made up of 1,400 separate machines - 724 of them in the main system and another 676 in the support system.

He said all systems had been tested and await the National Court decision on the future of the DSTP.

A group of landowners in the Basamuk area have taken Ramu NiCo to court, claiming that the DSTP was environmentally damaging.

Yong said the construction of the DSTP would take at least 50 days and was the last instalment in the construction phase of the project which had taken the Chinese developer two years to put in place.

The project comprises three components - the mine at Kurumbukari plateau in Usino-Bundi, the 135 slurry pipeline through inland and coastal regions of Rai Coast and the refinery plant, also in Rai Coast electorate.

Apart from the majority Chinese interest, other stakeholders in the project are Highlands Pacific Ltd, the government and landowners in the four impacted areas.

Ramu workers go on strike

By RIGGO NANGAN 

 
PRODUCTION at the New Britain Palm Oil Ltd’s sugar plant at Gusap, Madang, stopped when more than 100 seasonal workers walked off their jobs in protest over pay and working conditions on Wednesday morning.
More than 100 tractor drivers and harvester operators, who started work in May, refused to jump onto their machines when the bell rang for the start of another working day of the 2010 sugar harvest season.
The stop work had forced the sugar production process and the milling to grind to a halt for two consecutive days, while their demands were being negotiated between their representatives
and the company management.
The seasonal employees argued over three main reasons, the two off-days imposed by the company be repealed, double-time be paid on weekends especially Saturdays and Sundays of the pay weeks, and their grading systems be increased from the current 3.1 to 4.1 and upwards.
They claimed that the two off-days were unnecessary because it had dropped their total hours from 112 to 96 a fortnight, which contributed to a drop in their wages.
“We are seasonal workers and we do not need day-offs, after the harvest we can go back to our villages and rest,” they said.
They said the old system with the former employer, Ramu Sugar cum Ramu Ari-Industries Ltd, was much better.
The seasonal employees met with the executives of the company’s national employees union until late yesterday afternoon to present their grievances.
Agriculture manager, Paul Wyatt, had referred The National to the public relations officer, Sharon Onsa, when contacted to comment on the matter yesterday.
Onsa on the other hand, could not be reached most of yesterday as she was involved in the distributing of Fun Run T-shirts to schools between Lae and Gusap.
The harvesting and transporting of cut sugar cane from the fields to the factory comes directly under agriculture department.

Royals book grand final spot

BANGUI Royals defeated minor premiers LBC Warriors 22-16 to book the first grand final berth in Globe Madang Rugby Football League at the Ron Albert Oval last Sunday.
Warriors handed the game over to Royals on a golden plate by going to sleep for 60 minutes of the game after doing well in the opening 20 minutes when they led 16-8.
By half-time, the Warriors had allowed the Royals to reduce the margin to 16-12 and in the final stanza their mistake rate shot to the roof and the policemen made them pay to remain scoreless.
Warriors scored first to lead 4-0 in the opening 10 minutes and when Royals levelled to 4-4, the opposition added three more tries.
But Royals capitalised on the mounting Warriors mistakes and several telling indiscretions by former SP Cup referee Saea Kavora, which included a try that was scored from a forward pass.
Warriors will now play the winners of the re-match between Ela Diwai and Hawks on Sunday to have another crack at advancing to the grand final.
The Diwai-Hawks match was called off by referee Joe Boi because it was getting dark.
Diwai were leading 18-12 with 12 minutes on the clock.

Kapris treated like ‘a terrorist’

By JAYNE SAFIHAO, The National

ALLEGED bank robber William Nanua Kapris told the National Court in Madang yesterday that his rights have been deprived and “I am being treated like a terrorist”.
Speaking in court before Justice David Cannings, Kapris said his rights had been deprived since his 25-month imprisonment at Bomana and that his human rights had been abused.
“Even in Madang, I am still under tight security,” he added.
“Our case is a big case. It’s our life, but I have not been allowed access to my lawyer David Dotaona.
“My family and I are willing to pay for travel and accommodation costs. I am being treated like a terrorist,” he told the court, adding: “I want to be treated like a normal state prisoner.”
However, Justice Cannings said: “This is not a human rights abuse case. If you have any human rights complaints, then you can bring it up with your lawyers, the same goes for the others with similar complaints.”
Kapris and 14 others were appearing in relation to the Madang BSP heist in 2008 during which K2 million was stolen and a substantial amount was yet to be recovered.
Cannings allowed an application by senior state prosecutor Pondros Kaluwin to adjourn the case to this morning.
Kaluwin expressed concern that the 10-day trial period was “not realistic”.
Asked why by Cannings, Kaluwin said this was because the matter had changed hands with different prosecutors as well as the need for him to speak to the defence counsel.
In his response, Cannings said: “We had a series of pre-trial earlier in the year. We originally set this trial for May but, due to your office’s slackness and lack of capability, we have been delayed. I had to personally ring the acting public prosecutor to sort this matter out. So, I will allow for tomorrow (today) at 9am.”
Then Cannings asked Kaluwin: “Do you think you will be prepared then?” When Kaluwin responded with a “we’ll see”, Cannings said: “That you will.”                                        
Kapris’ suspected accomplices, 14 (named) and all smartly dressed and mingling like in a high school re-union after the court, were represented by Lae-based state solicitor’s office, a private Lae-based lawyer and Dotaona.
The courthouse was cordoned off, including the provincial government building area, disrupting normal business as the public and people living along the Kina Beach residential area tried accessing the nearby offices to have a glimpse of proceedings.                       
Off duty policeman Sgt Joe Mbur said: “The temporary arrangement by concerned authorities is causing unnecessary inconveniences. Kapris should just be treated like any normal prisoner.”                                     
Reporters were not allowed to take photographs of the prisoners outside the court house.                                      
Police are on a 24- hour vigil around the courthouse area as a precautionary measure.

Kapris pleads guilty

By JAYNE SAFIHAO, The National

TOP robbery suspect William Kapris Nanua yesterday pleaded guilty to robbing the Madang branch of Bank South Pacific in 2008.
In a day of drama in court, Kapris broke from 13 other suspects arraigned on similar charges, and pleaded guilty to one count of robbery and one count of conspiracy to commit a robbery.
But he pleaded not guilty to 13 counts of kidnapping, 14 counts of deprivation of liberty, and one count of receiving stolen property. The others pleaded not guilty to all the charges.
The courtroom in the afternoon was thrown into confusion yesterday when Kapris’ lawyer David Dotaona sought an application to have his client’s matter heard separately after the guilty plea for the two charges was taken.
With Kapris taking his seat first in the witness box, he entertained the courtroom by giving conflicting pleas to Justice David Cannings.
Kapris initially said “yes” when asked by Cannings if he had committed the offences in the 28 counts.
He then had a quick glance across to his lawyer, and changed the answer to “no”.
Dotaona immediately stood to ask leave to speak to his client. After a brief whisper, Kapris said he was sticking with the not guilty plea for the 28 counts.
Earlier in the morning, Dotaona had asked Cannings to allow a two-week extension for him and his client to properly prepare for the defence, but this was refused.
Cannings emphasised that any extension was an unnecessary waste of time and very costly for the state.
“I have considered the cost to the state, the people of PNG having to prepare and get the matter to trial and the security measures in place,” he said.
“I consider it to be in the public interest for the trial to proceed.
“I want a fair trial in an independent court.
“I refuse the application for the two-week extension. The trial will begin now,” he ruled.
It was likely that Kapris could become a state witness despite pleading not guilty to the 27 other charges.
Cannings, when deliberating on the likelihood of having a separate trial, said: “There was no indication given to me during pre-trial. This is a new development.
“I will consider the depositions put ... since he has pleaded guilty, and not being convicted yet ... you want the others to go to trial before another judge?
“I will have to adjourn,” he said as he pondered over the matter.
The Madang BSP robbery occurred on July 5, 2008, when a total of K2,407,315.35 was stolen.
During the robbery, a number of bank workers were allegedly kidnapped and detained in a hotel.
Meanwhile, the court was also advised by Correctional Services officers that Don Aka, Elijah Paul Kapis or Elijah Tinga and Ben Nom, who is also known as “Toi Apet”, were still at large after breaking out of the Bomana prison on Jan 12.
The hearing continues today.

Royals a step away from grand final

THE Allan Bird-sponsored Bangui Royals moved closer to a grand final berth when they edged out glamour team Ela Diwai 11-10 in the semi-finals of the  Globe Madang Rugby Football League last Sunday.
The game between the police team and Divine Word University students at the Ron Albert Oval was a strong arm-wrestle with both sides giving little away except their poor completion of sets.
Diwai front man, Graham Paulus said the DWU students gave the game away with poor options and would do their best when they take on the winners of the mid-week match between Raibus Panthers and Hawks.
Royals will now play minor premiers, LBC Warriors on Sunday to confirm who books the first grand final berth in the tussle for the inaugural Globe Cup sponsored by Globe Manufacturing Ltd (formerly James Barnes Ltd).
Warriors, who are on bye, welcomed the return of their three representative players, Ezekiel Roka, Roger Koyomu and Kembol Kaikipae from Northern Zone duties in Goroka and coach Chris Sibet said they were geared up for a good game.
Panthers and Hawks are playing the mid-week match after they were not able to complete their game on Sunday because it was getting dark with Panthers leading 16-8 and 15 minutes was left on the clock.
In the U19 division, Royals defeated Panthers 12-4 and will also play minor premiers Warriors on Sunday.
Diwai forfeited Norths and will advance to play Panthers.

Madang to host two sports events

By HENRY MORABANG, The National

MADANG will have a busy sporting scheduled next month with the PNG Football Association and the PNG Netball Federation staging their respective championships in the tourist township.
Madang has accepted the honour to host this year’s National U20 men’s tournament from Sept 8-12 while netball will stage its championship from Sept 28 to Oct 3.
PNG Netball Federation secretary Julianne Maliaki-Leka said this week that so far 15 associations had confirmed to take part at the netball championships.
She said the netball championship will also coincide with the annual general meeting. High on the agenda is the election of new executives. The current term of PNGNF executives headed by Emily Taule ends after the championships.
In soccer, newly-elected president of Madang Soccer Association Conrad Waduna confirmed from Madang that his association would host the U20 soccer championships.
He said the organising committee was in place to see the visitors enjoy the true spirit of Madang Pasin Kagin.
The tournament is sanctioned by the PNG Football Association.
The tournament will see the cream of youth footballers from member associations vying to take the title away from last year’s inaugural winners and hosts, Madang.
PNGFA general secretary Dimirit Mileng said only member affiliates were eligible to attend by selecting a side to represent their association.
Other associations who are not affiliates of PNG Football Association are not eligible to attend.
Teams that are not from member affiliates but were officially invited by the secretariat office will attend the tournament.
He said teams from member associations and invited teams should fill a nomination form and submit together with the deposit slip of the nomination fee.
The deadline for submitting the nomination form is Aug 30.
All forms should be faxed to 323-2591 or 475-1399 and if you have problems getting through these numbers call the secretariat on 7622-9484.
The team nomination fee K500 and must be paid into account no. 1000 146 403 in any branch of BSP bank.
Mileng said the deadline for payment of nomination fee is Aug 27 at close of business.
PNGFA will not accept nominations after the deadline.
He added that the team managers were directed to assist with sending a name list of 20 players and four officials to Madang Soccer Association on fax 422-3698.

Kapris to stand trial in Madang

By JOSHUA ARLO, Post Courier

HIGH profile robber and convicted criminal William Kapris is expected to travel this month to Madang to face trial for the armed robbery of the Bank South Pacific Madang branch.
He is expected to appear before Justice David Cannings at the National Court in Madang.
State prosecutors confirmed in court with Justice Cannings last month at the National Court in Waigani that arrangements were being made with authorities to have Kapris in Madang before August 10, the expected trial date.
Four other co-accused remanded at the Bomana jail with Kapris will also travel for the same case. They will join nine other suspects allegedly involved in the same robbery who are being detained in Madang.
More than K2 million was stolen from the bank on July 5, 2008 when a gang held hostage bank workers and escaped with a nine hour head start before police were alerted.
This began a massive man hunt by police who caught him travelling with a group to the Aroma coast in Central Province 13 days later.
All the accused are charged with using violence and stealing K2,407,315.35 from the Madang BSP branch manager when armed with dangerous weapons.
He has still to face trial in connection to the armed holdup of the rural BSP Kerema branch in the Gulf Province which was done two months before the one in Madang.
The gang split in two, with one in Port Moresby to kidnap and hold hostage children of a bank executive as others went to Kerema to get co-operation to access the monies.
It is understood that more than a million kina was stolen.
They escaped to Port Moresby via a dinghy and by road.
Police allege that Kapris is the brain behind these two Hollywood-like bank robberies.
He was on the run after escaping from the Bomana jail and allegedly committed these crimes, plus the armed robbery of the Metal Refinery Operations (MRO) in which several gold bars worth more than K2 million and a substantial amount of cash was stolen.
He pleaded guilty to this robber and was sentenced to five years.
However the National Court, using its discretion, suspended the sentence and imposed a three-year good behaviour bond on him when he is released from prison.
State prosecutors have filed a Supreme Court challenge against the National Court’s decision on penalty which is still to be heard.