Bougainville News - Postcourier 23/10/97 Via NY Transfer News Collective * All the News that Doesn't Fit source: VIKKI@lexsun.law.uts.edu.au Wed Oct 22 21:05:44 1997 The Postcourier (PNG) Newspaper, Thursday 23/10/97 Nuia's position questioned THE legality of the appointment of Leo Nuia as Defence Force commander was challenged by the defence counsel in the mutiny trial yesterday. Powes Parkop in his ``no case'' submission said the appointment was not lawfully made on July 3 and therefore there was no lawful authority from the commander's office down to the rank and file. ``The defence submits that Leo Nuia's appointment was improper and therefore null and void,'' he said. Mr Parkop submitted that Section 18 of the Defence Force Act chapter 74 states ``the appointments and promotions of members of the Defence Force (other than appointments and promotions to the office of the commander) to the rank of colonel or above, shall be made by the Head of State, acting on advice''. The defence submitted that the emphasis in this provision was that where the powers under Section 18 were to be invoked, the National Executive Council was required to appoint a member of the Defence Force, that is, a serving member, to the rank of colonel and above. ``The provisions relates to members of the defence force and none other. In the layman's terms, this would mean that to be appointed to the commander's post, he must first be a serving member of the Defence Force before section 18 could be invoked by the NEC to appoint such person to the commander's post.'' The defence submitted that Mr Nuia at the time of his appointment was not a serving member of the Defence Force, and when the NEC invoked its powers they were excessively exercising their powers. Mr Parkop said the NEC did not have the power to appoint Mr Nuia as the commander of the Defence Force on July 3. The defence also submitted that where there was a need for re-enlistment, the NEC did not have the powers to exercise any jurisdiction. Mr Parkop said the re-enlistment authority was the force commander and re-enlistment was discretionary to the commander. He said there was no evidence that Mr Nuia had been discharged as a result of a conviction and subsequently cleared and therefore submitted that his re-enlistment by the Head of State acting on advice from NEC had no legal basis. Mr Parkop submitted that on the date of re-enlistment of Mr Nuia, gazetted on July 3, with Jerry Singirok's termination effective on that day, there was no acting commander at that time. Colonel Jack Tuat's acting appointment had been terminated a month earlier, on June 3. Mr Parkop said the illegality of Nuia's appointment, effectively meant there was no lawful authority in place that was overthrown. The proceedings should be dismissed, he said, because there was no lawful command structure or authority at the time and that the offence of mutiny was not committed by the acts alleged. Mr Parkop also said mutiny was not an offence defined by law. He made a no case submission for Major Walter Enuma claiming there was no evidence that Enuma was a party to the planning and execution of the alleged mutiny. Prosecutor Captain Malaki Unagui maintained that Nuia had been legally appointed and that evidence on the five accused was ``tantamount to insubordination''. ============== PNG and Aust talk on defence terms AUSTRALIAN Defence Minister Ian McLachlan met his Papua New Guinea counterpart Mao Zeming in Canberra yesterday to survey the bi-lateral defence relationship and set out a way ahead for the long term. Speaking from Canberra, Mr Zeming said the meeting agreed that the experience of the past year had served as an important reminder that each country was very important to the other and greater effort was needed to strengthen the defence relationship. The past year, observers noted, included the Sandline International incursion and army disruption with its repercussions at Parliament and in civil life. Mr Zeming said the two leaders had agreed to build a New defence partnership which would be based on several key principles and would be focussed on a core set of activities. Mr Zeming said key principles included openness and transparency, respect, regular dialogue, democracy, internal security and external defence and regional security. ===================== High food prices worry on B'ville THE prolonged drought in the country is now taking its toll on the trouble-torn island of Bougainville. According to reports reaching the Post-Courier office in Rabaul, food shortages on the island are now becoming a major concern to the people. Since the dry season began the Bougainvilleans have not really felt the pinch of it until recently when prices of food in the markets began to skyrocket. North Solomons police commander Joel Kean said this week that food supplies would be a problem to the people if the dry spell continued. ``The way things are going now, we are going to suffer,'' he said. He added that water was also becoming scarce, especially in the interior of the island. People in inland areas were having to travel long distances to fetch water for drinking, cooking and washing, although those living on the coast still had access to well water. Inspector Kean said bushfires were a threat to life on the island also. Some people were carelessly lighting fires. ================= Lihir's drought bonus MELBOURNE: Papua New Guinea's severe drought has paradoxically helped the massive gold miner Lihir Gold Ltd raise its production this year and its estimate of what it would produce next year. The gold miner predicted it would produce 625,000 ounces of gold in 1998, 30 per cent higher than it forecast in its prospectus and up from the 550,000 ounces it predicted earlier this year, because of its speedy start up. While the dry weather has severely disrupted operations at other mines in PNG, including the Porgera gold mine and Ok Tedi copper/gold mine, it has helped the Lihir mine to exceed its planned production by around 20 per cent in August and September. The company said in a statement that the dry weather had ``permitted mine production to exceed the plan by 18 per cent in August and 20 per cent in September''. Lihir said it produced 69,962 ounces of gold in the September quarter, up from 24,126 ounces in the June quarter. It repeated the higher production meant it was on track to produce 220,000 ounces of gold this year, well above its initial forecast. The mine sold 53,570 ounces of gold in the quarter, up from the 8541 ounces in the June quarter, its first producing quarter. The mine had total revenue of $US21.74 million in the September quarter after it sold the gold at an average price of $US405.85 per ounce. Lihir is managed and 17.15 per cent-owned by the world's largest miner, Rio Tinto Ltd. ** A SIGNINFICANT influence in the realisation of a producing mine at Lihir, finance and administration general manager Andrew Vickerman, will leave Papua New Guinea next year to take up the position of head of external affairs at Rio Tinto's head office. Mr Vickerman will resign from Lihir's board after its January board meeting. Lihir said chief financial officer Michael Merton at Rio's US Borax subsidiary would take over Mr Vickerman's board position and the responsibility for Lihir's financial affairs. Mr Vickerman has been with the Lihir project since 1993. He was a key participant in the successful raising of $US750 million in debt and equity for Lihir in 1995. The chairman of Lihir Gold, Ross Garnaut, expressed the appreciation of the Lihir Gold board for Mr Vickerman's work. ``Andrew's professional skills in finance and economics and his close knowledge of Papua New Guinea have been critical to the successful development of the mine that is now operating on Lihir. The board of Lihir Gold Limited wishes Andrew well, and looks forward to working with Michael Merton.'' Lihir shares closed three cents higher at $A2.30 yesterday. ================================================================= NY Transfer News Collective * A Service of Blythe Systems Since 1985 - Information for the Rest of Us 339 Lafayette St., New York, NY 10012 http://www.blythe.org e-mail: nyt@blythe.org ================================================================= nytpac-10.22.97-23:12:08-27721