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Friday, March 28, 2014

Pomio MP Paul Tiensten Convicted for 9 years Imprisonment with hard Labor

By Sam KOIM
Facebook/Friday, 28th March, 2014 5:40 PM


MP for Pomio, Paul Tiensten
Mr Paul Tiensten, Member for Pomio and Former Minister for National Planning was today sentenced to nine (9) years imprisonment with hard labour. Four years of those will be deducted upon him repaying to the State the K10million that was paid to Travel Air under his direction. If he fails, he will serve the full 9 years. 

The sentence is 1 year short of the maximum penalty of 10 years for misappropriation cases under Section 383A of the Criminal Code Act. Has was taken to Bomana Correctional Facility immediately after the sentencing.

Important features to note from this decision are that Mr Tiensten is going to jail for making a footnote on a project proposal that compelled the officers of National Planning to bypass the lawful processes and procedures in making that payment. 

Also, Mr Teinsten did not personally benefit from the proceeds directly but directed the funds to be paid for the use of Travel Air. The Court placed consideration of the breach of the trust placed on him and the prevalence of the offence in the society. 

Note further that though Parliament has recently amended the sentencing range for fraud of K10m plus to be up to 50 years, this case was instituted prior to the amended law hence does not have retrospective effect.

This is the first investigation that Task-Force Sweep conducted when it was established in August 2011. Though it took time before the final verdict on sentencing, justice has been finally served and we are satisfied. We respect the independence of the judiciary in disposing cases at its own pace and in this instance, we applaud the decision.

We have about 77 cases currently going through the court process, 34 of which have passed the committal stage and are lined up for trial this year. There were a couple of struck outs which we have referred to the Public Prosecutor for possible filing of ex-officio indictments. WE HAVEN’T HAD ANY ACQUITTAL YET. This case has set the precedent.
This is our first victory. It’s a victory for all those who are praying and crying to see corruption reduced in this country. It’s a victory for Papua New Guinea. Credit goes to the hardworking investigators of my team as well as the Prosecutors at the Office of the Public Prosecutor.

On a related note, the Tiensten Decision was handed down immediately before the launching of the Special Court Track for Fraud and Corruption cases today by the Chief Justice this afternoon. The alignment of the judiciary to expedite fraud and corruption related matters is very encouraging.

“When the institutions of Government realign themselves to extirpate corruption, corruption will have no place in our Government.”

Thank you and you all have a blessed weekend.

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