Fabian Pok Your Time Has Come

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on 21 September 2018

The National Court, Ombudsman Commission, and two Commissions of Inquiry have adduced evidence indicating Fabian Pok has engaged in serious illegal activity when in public office, including bribery. It is time for action.

A PNGi investigation into the political career of Dr Fabian Pok documented conduct which potentially breaches the Organic Law on the Duties and Responsibilities of Leadership. Under the same law members of the public have a right to lodge a complaint with the Ombudsman Commission.

The Ombudsman Commission has a duty to consider this complaint, and where appropriate conduct an investigation. The matter may then be referred to the public prosecutor for further action.

PNGi is asking the public to join us in signing a letter of complaint to the Ombudsman Commission requesting an investigation be conducted into potential misconduct by the current Minister for Petroleum & Energy, Dr Fabian Pok.

Updates

Update: 3 January 2019

Progress! The Ombudsman Commission says it has completed an initial assessment of our complaint against MP Fabian Pok and the matter has been referred to the ‘Leadership Division’ for consideration.


Update: 21 November 2018

It is two-months since the letter but there has been no response from the Ombudsman Commission.


Update: 21 October 2018

It is now one month since the letter to the Ombudsman Commission. So far there has not been any response.


Update: 21 September 2018

Letter closed

Chief Ombudsman Michael Dick
Ombudsman Commission
Third Floor, Petromin Haus,
Hubert Murray Highway,
PO Box 1831
PORT MORESBY 121
National Capital District

 

Dear Sir,

IN THE MATTER OF FABIAN POK

We the undersigned are making a complaint under section 18 of the Organic Law on the Duties and Responsibilities of Leadership.

This complaint relates to Dr Fabian Pok, the current Member of Parliament for North-Waghi Open, and section five and eleven of the Organic Law. 

          USE OF OFFICE FOR PERSONAL BENEFIT

(1) A person to whom this Law applies who, except as specifically authorized by law, directly or indirectly asks for or accepts, on behalf of himself or an associate, any benefit in relation to any action (past, present or future) in the course of his duties, or in the course of or by reason of his official position, is guilty of misconduct in office.

(2) Subsection (1) extends to the case of a person to whom this Law applies who, except in the course of and for the purpose of his official duties or his official position, uses or allows his name or his official position to be used for the benefit of himself or any other person.

        ACCEPTANCE, ETC., OF BRIBES.

A person to whom this Law applies who, or any of whose associates, corruptly asks for, receives or obtains, or agrees or attempts to receive or obtain, any property, benefit or favour of any kind for himself or any other person in consideration of his actions as a public official being influenced in any manner, or on account of his having acted as a public official in any manner (whether generally or in a particular case) is guilty of misconduct in office.

There is a significant body of evidence indicating Dr Fabian Pok may have violated these sections on at least three occasions.

1. According to the National Court during 2013/14 Dr Fabian Pok abused his position as Defence Minister to illegally acquire a NHC property, which may have been obtained at a discounted price. The case reference is Vailala v National Housing Corporation [2017] PGNC 7; N6598 (20 January 2017).

2. The Auditor General has produced evidence indicating Dr Fabian Pok may have misused his position as the Chair of the Defence Council to illegally award a K4.5 million contract to Makro Limited. Makro Limited appears to be a shelf company with no assets or employees. It is conducting business outside areas permitted in its foreign certification. The owner of Makro Limited at the time of this illegal award, enjoyed direct ties with senior politicians and civil servants. A key reference point for evaluating this claim is the Report of the Auditor-General Part II 2013-2014: National Government Departments and Agencies.

3. The Commission of Inquiry into the National Provident Fund adduced evidence that as Minister for Lands Dr Pok received bribes on two occasions, in the amount of K10,00 and K220,000. A copy of the commission report is attached for your convenience.

Further details relating to the above cases may be accessed here:

– http://pngicentral.org/reports/fabian-pok-a-man-made-for-a-leadership-tribunal

– http://pngicentral.org/reports/australian-rorts-k13-million-from-defence-budget

We also believe the Ombudsman Commission is in possession of an administrative inquiry report that may contain further evidence of improper conduct.

As concerned members of the public we believe these matters urgently need investigation by the Ombudsman Commission.

Thank you for considering this matter.

The undersigned.