The arrest of Papua New Guinea former prime minister Peter O’Neill yesterday was prompted by a complaint by Chief Secretary Ivan Pomaleu to the Commissioner of Police David Manning after reviewing the UBS Commission of Inquiry Report.

In a major incident brief for police obtained by the PNG Post-Courier, Chief Secretary Pomaleu, as the custodian of government’s commission of inquiries and submissions, made a referral on the recommendation of the UBS Report on the US$1.2 billion loan inquiry to police as an investigative authority.

Pomaleu referred the COI report to the Commissioner’s office to commence its investigations on the 5 June 2023.

• READ MORE: Other UBS inquiry reports

“The Office of the Chief Secretary to Government in its capacity as the custodian of government’s inquiries and policy submissions including decisions implementations made a referral on the recommendations in the report to police as an investigative authority to cause an investigation,” the police major incident brief detailed.

“On the 05th of June, 2023 the Chief Secretary to Government referred the COI Report to the Office of the Commissioner of Police to commence investigation in the report.

“In the view of the report an obvious infringement was noted to be breached during the COI,” it detailed.

According to the summary of facts, on the 8 June 2023, O’Neill was brought in to the Special Investigation Team office at Airport Police Station, 7 Mile, upon a complaint of offering “delusive evidence” at a Commission of Inquiry.

Three counts of perjury
Yesterday he was charged with three counts of giving false evidence under oath in the Union Bank of Switzerland (UBS) loan, Commissioner of Police David Manning confirmed.

O’Neill was later released on OR — own recognisance, granted by Commissioner Manning.

The police major incident brief also stated that police conducted a clinical analysis to see whether or not the responses given by the defendant before the Commission on 17 June 2021 were false.

In the responses, the defendant denied having knowledge of any transactions made between Oil Search and Elk-Antelope.

He also denied having any agreements/discussions and correspondences about any potential investments with Oil Search and Elk-Antelope in 10 percent shareholding acquisitions and placements.

Further investigations and deliberations conducted into the recommendations in COI discovered that statements and information produced before it by O’Neill between 2011 and 2019 were false and misleading when presented before the commission.

“Police had to look at the Commission of Inquiry report with several volumes including the transcripts of the COI going over three years.

‘Further investigations’
“Following further investigations by police it was discovered that statements and information produced by Mr O’Neill between 2011 and 2019 were false and misleading when presented before the commission, and contradicted National Executive Council Policy Submission 67/2014 on financial arrangements for the state acquisition of shareholding in Oil Search Limited and state borrowing,” Commissioner Manning said.

“From police investigations, the evidence gathered confirmed that the answers given before the commission were flawed and untrue,” he said.

Subsequently, three charges were laid on Peter O’Neill today as follows that he:

• Did appear as a witness of the 17th of June 2021 before the Royal Commission of Inquiry into Processes and Procedures Followed by the Government of Papua New Guinea into Obtaining the Off-Shore Loan from the Union Bank of Switzerland and Related Transactions and given false evidence on oath, that he had “no knowledge whatsoever” of what Oil Search Ltd intended to do with the money paid by the State for the purchase of Oil Search shares in 2014, and that Oil Search Ltd intended to use the money paid by the State for shares in Oil Search Ltd to purchase an interest in PRL-15 Elk Antelope, before the Royal Commission of Inquiry;
• Did appear as a witness of the 9th of August 2021 before the Royal Commission of Inquiry into Processes and Procedures Followed by the Government of Papua New Guinea into Obtaining the Off-Shore Loan from the Union Bank of Switzerland and Related Transactions give false evidence that, “there was never any discussion” about Oil Search Ltd using the money paid by the State for the purchase of shares in Oil Search Ltd to buy an interest in PRL-15 Elk Antelope and “this information did not come to the government’s notice or particularly at the leadership level” before the said Royal Commission of Inquiry; and
• Did appear as a witness of the 17th of February 202 before the Royal Commission of Inquiry into Processes and Procedures Followed by the Government of Papua New Guinea into Obtaining the Off-Shore Loan from the Union Bank of Switzerland and Related Transactions give false evidence on oath that “there was never any discussion” about Oil Search Ltd using the money paid by the State for the purchase of shares in Oil Search Limited to buy an interest in PRL-15 Elk Antelope and “this information did not come to government’s notice”.

Gorethy Kenneth and Majorie Finkeo are PNG Post-Courier reporters. Republished with permission.

Former Papua New Guinea prime minister Peter O’Neill has been charged with three counts of giving false evidence in a national US$1.2 billion loan inquiry contrary to Section 10 of the Commission of Inquiry Act.

He met reporters outside Boroko Police Station in Port Moresby today stating “this is politically motivated”.

O’Neill, who is also Ialibu-Pangia MP, was at the station for police formalities to be completed in the charges against him.

• READ MORE: The UBS Commission of Inquiry
• Other UBS loan inquiry reports

Earlier, the PNG Post-Courier’s Todagia Kelola reported that O’Neill had been requested to front up at the National Fraud Squad office at Konedobu by today for questioning on allegations of perjury.

In a short media statement on Saturday, Police Commissioner David Manning requested O’Neill to make himself available for questioning on allegations of perjury emanating from the UBS Commission of Inquiry into a loan negotiated with the Union Bank of Switzerland by his government in 2014.

In response, O’Neill said in a statement titled “Is Manning Police Commissioner or Chief of PNG Intimidation?”: “Firstly, I am surprised but heartened the Police Commissioner is working late on a Saturday evening.”

“Violent crimes, kidnap for ransom, rape, and murders along with crippling corruption have been skyrocketing since his time in the high office of Police Commissioner.

‘Blatant intimidation’
“I am sure it is comforting to all Papua New Guineans to know the Commissioner is choosing to go after me late on a Saturday night in what appears to be blatant intimidation rather than focus on keeping the people of Papua New Guinea safe.”

Commissioner Manning in his statement said: “Based upon investigations into the UBS Commission of Inquiry report, we are satisfied that Mr Peter O’Neill gave false evidence whilst under oath.

“I am appealing to Mr O’Neill to cooperate and make himself available by Monday morning to Director Crimes, Chief Inspector Joel Simatab, at the National Police Headquarters in Konedobu,” Manning said.

Commissioner Manning said the ultimate objective of the Commission of Inquiry was to establish whether there were breaches of PNG laws and constitutional requirements in the negotiation and approval of the UBS loan, whether PNG as a country had suffered as a result of the deal, and whether people involved could be held accountable.

“After a thorough investi­gation and assessment of the facts, we are satisfied and have sufficient evidence that Mr O’Neill has perjured the inquiry — thereby committing an offence under the Commission of Inquiry Act of giving false evidence under oath,” Manning said.

O’Neill, in his statement in response said: “It is nearly 12 months since the internationally presided over UBS Commission of Inquiry ended with no findings against me, and now, late on a Saturday evening, I am instructed via a media statement by the Police Commissioner to attend questioning on the next day, a Sunday,” said O’Neill.

“It appears that before I am questioned, Commissioner of Police in his statement seems to be directing his investigating officers to arrest and charge me of a crime of perjury while under oath in the UBS Commission of Inquiry.”

Court opportunity welcomed
“I welcome the opportunity to face the courts to test a politically motivated and very expensive Commission of Inquiry.

“I have faith in the fairness of the courts but not in yet another Police Commissioner instructed investigation into me.

“The perjury claim that I have learned of in Mr Manning’s statement is false.

“I can only assume he is referring to the unsubstantiated claim given to the COI by a self-serving politician.

“I will attend at 10am on Monday the 12th June 2023 for questioning at Konedobu Police HQ.

“I assure all supporters that I remain steadfast and more committed than ever to Papua New Guinea and the foundations of democracy.

“These terrible times we are all experiencing are temporary.”

The UBS COI final report in its answer to the question, “Who was responsible and what remedies should be sought against them”, recommended that O’Neill should be prosecuted for giving false evidence to the Commission and referred to the Independent Commission Against Corruption (ICAC).

Todagia Kelola is a PNG Post-Courier reporter. Republished with permission.

Former Prime Minister Lord Tu’ivakano will be sentenced at the end of next month after being found guilty in the Supreme Court yesterday of three charges, including making a false statement for the purpose of obtaining a passport and perjury.

The offences in what was known as the Chinese passport scandal were committed in 2015, but he was not charged until 2018.

Local media reported that the jury retired at 4pm and were back in just over half an hour.

READ MORE: Former PM denies bribery, firearms, perjury charges over Chinese passport scandal

RNZ reported earlier that six charges of bribery and money laundering in relation to the issuance of Tongan passports to Chinese nationals had been dropped.

As Kaniva News reported last week, it was originally alleged that between 2013-2014, while serving as Minister for Foreign Affairs, he accepted money to issue Tongan passports to various Chinese nationals.

The amounts involved were said to range from TP$3000 (NZ$2052) to TP$199,408.94 (NZ$136,460).

These allegations were withdrawn and not heard.

Firearm charge
Crown Prosecutor Semisi Lutui told the court, the Attorney-General had advised against proceeding with the charges.

The presiding judge, Lord Chief Justice Whitten, will sentence Lord Tu’ivikano on charges of three counts of making a false statement for the purpose of obtaining a passport, perjury and possession of 212 pieces of ammunition without a licence.

Last week, the former Prime Minister pleaded guilty to possessing a .22 rifle without a licence.

The firearm and ammunition charges stemmed from a police search of his home  in Nuku’alofa on March 1, 2018.

Lord Tu’ivakano was  accused of making a false statement on the grounds that on July 17, 2015 he wrote a letter to the Immigration Division of the Ministry of Foreign Affairs, stating that Hua Guo and Xing Lui were naturalised as Tongans on October 29, 2014.

On the charge of perjury, it was alleged that on December 21, 2015, he made an oath in an affidavit, stating that these two were naturalised during his tenure as the Minister of Foreign Affairs of the Ministry and that naturalisation Tongan passports were then issued to them, knowing this statement was false.

He was further charged with making a false statement, in that on July 17, 2015 with the purpose of obtaining a passport for Hua Guo and Xing Liu, and with intent to deceive the Immigration Division of the Ministry of Foreign Affairs, the accused wrote a letter to the Immigration Division, stating that these two were naturalised as Tongans on October 29, 2014, and he had reasonable cause to believe that statement was misleading.

He was bailed on condition that he surrender his passport and not leave Tongatapu.

Lord Tu’ivakano is still a member of Parliament as a Noble’s Representative.

Philip Cass is associate editor of Pacific Journalism Review and a research associate of the Pacific Media Centre. This article is republished under a partnership agreement with Kaniva Tonga.

• Former Tongan PM found guilty of 3 charges