The State v Gabriel Ramoi

• Jurisdiction: Papua New Guinea
• Judge: Salika J
• Judgment Date: 15 February 1993
• Citation: [1993] PNGLR 390
• Court: National Court
• Year: 1993
• Judgement Number: N1140

National Court: Salika J

Judgment Delivered: 15 February 1993

PAPUA NEW GUINEA

[NATIONAL COURT OF JUSTICE]

STATE

V

GABRIEL RAMOI

Waigani

Salika J

15 February 1993

CRIMINAL LAW — Misappropriation — Dishonestly means "intended to cheat, deceive or mislead" — Cheque applied for other purposes than that intended.

EVIDENCE — Consequences of failure of accused to give evidence.

WORDS AND PHRASES — "Dishonest" — Criminal Code s 383A.

Facts

The accused, a member of Parliament, obtained K15,000 from the National Development Fund, purportedly for completion of a cocoa fermentary in his electorate. A cheque was issued in favour of "Siau Cocoa Pty Ltd, Aitape, West Sepik Province". However, the cheque was presented by the accused to an airline company to pay for transport of two bands to Wewak to promote the accused and his political party.

The accused was charged with dishonestly applying property to his own use, contrary to s 383A of the Criminal Code. The accused did not give evidence. He said the prosecution had not proved he had acted dishonestly.

Held

1. The word "dishonestly" means "intended to cheat, deceive or mislead".

2. Applying the test in Lawi v The State [1987] PNGLR 183 of the "ordinary standards of reasonable and honest people" to the facts as established in order to determine the state of mind of the accused, there was evidence the accused had acted dishonestly.

3. Failure of the accused to give evidence was not an admission of guilt. It meant, however, that there was no evidence of the accused's reasons for applying the cheque as he did. The court was, therefore, free to draw inferences from the unchallenged evidence led by the State.

Cases Cited

Lawi v The State [1987] PNGLR 183.

Pawa v The State [1981] PNGLR 498.

State v Baine [1990] PNGLR 1.

Counsel

V Noka, for the State.

G Sheppard, for the accused.

15 February 1993

SALIKA J: The accused stands charged that between 21 May 1986 and 14 August 1986 at Port Moresby he dishonestly applied to his own use K15,000 the property of the State. The State alleged that in 1986, while Mr Ramoi was a member of Parliament, he made National Development Fund application for K15,000 in order to complete a cocoa fermentary at his electorate in Aitape. A letter of request dated 7 April 1986 was purported to have been written to Mr Ramoi by Mr James Makain, who is shown on records as the Chairman of the Board of Directors of Siau Cocoa Pty Ltd. The State alleges that Mr Ramoi, after receipt of the letter allegedly from Mr James Makain, completed the National Development Fund form on behalf of Siau Cocoa Pty Ltd. Coincidently, the form was signed by Mr Ramoi on 6 April 1986, a date before Mr Makain is purported to have written his letter to Mr Ramoi.

As a result of the National Development Fund application by Mr Ramoi, a Bank of Papua New Guinea cheque, number 2A-068526, was raised in favour of "Siau Cocoa Pty Ltd, Aitape, West Sepik Province" for the amount of K15,000.

The State alleged that Mr Ramoi was then given the cheque and that, thereafter, he used the money for his own benefit, in that he presented the cheque to Talair for payment of travel for two Port Moresby-based bands to Wewak and return. The two Port Moresby-based bands were the Bluff Inn Souls and the Gwadus. They were transported on chartered Talair aircraft to Wewak. The purpose for which the two bands were airlifted to Wewak was to promote the People's Democratic Movement party and Mr Ramoi.

The basic facts are not in dispute, and I note those not in dispute. Most of the evidence is documentary evidence.

It is not disputed that Mr Ramoi signed a National Development Fund application on 6 April 1986. The application was for the Siau Cocoa Pty Ltd project for the completion of a cocoa processing plant, and the request was for K15,000. This evidence is documented.

It is also not disputed that Mr Ramoi received a Bank of Papua New Guinea cheque, number 2A-068526, which was in favour of Siau Cocoa Pty Ltd. The cheque is exhibit "M" in these proceedings.

It is further not disputed that Mr Ramoi used that cheque (2A-068526) to pay Talair for transporting the members of the Bluff Inn Souls and Gwadus bands, to promote him and his People's Democratic Movement party. This evidence is documented from Domingo Balangat and Aloysius Mato.

The defence's only contention was that there was no dishonesty on the part of Mr Ramoi when he presented cheque number 2A-068526 for payment to Talair.

The State has the burden of establishing beyond reasonable doubt the accused's guilt. It has to prove that the...