Paraka fails to stay conviction

By CRETILDA ALOKAKA
LAWYER Paul Paraka failed to convince a judge that a National Court decision that found him guilty of misappropriating more than K162 million belonging to the State had errors.
Supreme Court Judge Justice David Cannings in Waigani yesterday said Paraka’s application to stay the decision was not convincing, hence, he refused to grant the application.
“There are no clear grounds in your submissions that the National Court exceeded its jurisdiction in finding you guilty of misappropriation,” he told Paraka.
“Therefore I will refuse your application and order the National Court proceedings to continue.”
Paraka argued that the trial judge made many errors of law, basing that the conviction on evidence was believed to be unlawfully obtained and in effect without evidence.
He claimed that the trial judge showed bias against him and made findings of facts that were not available to be made by any reasonable court.
He also claimed that he was denied a fair trial in accordance with law.
However, the State opposed the application stating that to grant a stay would be to make an unprecedented order, which would set a dangerous precedent and unnecessary disruptions to the criminal process in the National Court.
On May 26, National Court Judge Teresa Berrigan ruled that Paraka was guilty of misappropriating more than K162 million belonging to the State.
He was charged with five counts of misappropriating State property (money) between 2007 to 2011.
It was alleged that on April 24, 2007, for five years, more than K162 million was paid to Paraka by the Department of Finance.
The money was paid to PKP Nominees Ltd, a company solely owned by Paraka, through the accounts of seven other law firms.
It was paid through cheques ranging from K1 million to almost K5 million.
The law firms received at least K30,000 to K50,000 and sometimes as much as K400,000 before passing the proceeds to PKP Nominees.
Paraka was arrested and charged by police on July 25, 2014.
Meanwhile, Paraka’s submission on penalty will be heard on Monday (Aug 21).