The State v Francis Krufher No 1

• Jurisdiction: Papua New Guinea
• Judge: Geita J
• Judgment Date: 18 October 2016
• Citation: (2016) N6510
• Court: National Court
• Year: 2016
• Judgement Number: N6510

Full : CR (FC) 480 & 481 of 2012; The State v Francis Krufher & Emma Sakumai No 1 (2016) N6510

National Court: Geita J

Judgment Delivered: 18 October 2016

N6510

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR (FC) 480 & 481 OF 2012

THE STATE

V

FRANCIS KRUFHER & EMMA SAKUMAI NO.1

Wewak: Geita J

2016: 16, 17, 18 February, 13, 15 July, 18 October

CRIMINAL LAW – Trial – False Pretence –Stealing and Conspiracy to defraud – Accused by false pretence conspired and stole a sum of K47, 840.95 from a deceased’s POSF Savings – Sections 404 (1) (a); 372 and 407 Criminal Code.

CRIMINAL LAW – Trial – Deceased’s POSF monies fraudulently obtained and deposited into an ANZ Account and systematically accessed until detected.

CRIMINAL LAW – Trial – Accused Francis Krufher is found guilty of False Pretence, Stealing and Conspiracy to defraud –

CRIMINAL LAW – Guilty Plea – Stealing - Accused Emma Sakumai – Not guilty for False pretence and Conspiracy to defraud – Sections 404 (1) (a); 372 and 407 Criminal Code.

PNG Cases Cited:

Paulus Pawa v The State [1981] PNGLR 498

State v Alpen Popo (1977) PNGLR 18

The State v Paul Loi (2009) N4058

The State v. Theo Yandalin & 2 Ors, (1995), N1329

Titus Wafi v The State, SCRA No. 24 of 2009, unreported (2012)

Overseas Case cited:

R. v Oliva [1965] 3 All ER116; 49 Cr. App. R 298 pp 309-310

Counsel:
Mr. P Tusais, for the State

Mr. J Malambaul, for Accused Emma Sakumai

Mr. D Sakumai, for Accused Francis Krufher

JUDGMENT ON VERDICT

18th October, 2016

1. GEITA J: The accused were each charged with three counts of False Pretence under section 404 (1) (a), Stealing under section 372 and Conspiracy to Defraud under section 407 Criminal Code. The terms of the indictments are as follows: -

2. Francis Krufher of Maringan village, Wewak District, East Sepik Province, and Emma Sakumai of Oala village, Manus Province stand charged that they between January 2007 and April 2007 at Wewak in Papua New Guinea, conspired with an unknown man to obtain K47,840.95 belonging to Abog Bruane (deceased) by deceit.

3. Francis Krufher of Maringan village, Wewak District, East Sepik Province, and Emma Sakumai of Oala village, Manus Province stand charged that they between January 2007 and April 2007 at Wewak in Papua New Guinea received K47, 840.95 the property of Abog Bruane which had been obtained from the PNG Superannuation Fund by false pretences.

4. Francis Krufher of Maringan village, Wewak District, East Sepik Province, and Emma Sakumai of Oala village, Manus Province stand charged that they between January 2007 and April 2007 at Wewak in Papua New Guinea stole K47, 840.95 belonging to Abog Bruane (deceased).

5. Upon arraignment accused Emma Sakumai pleaded not guilty to the counts of conspiracy to defraud and stealing. She pleaded guilty to the count of receiving stolen property. I entered a provisional guilty plea on her behalf on this count. Accused Francis Krufher however pleaded not guilty to all three counts. Since they both were indicted on the one indictment Emma Sakumai’s case was stood down whilst the Court proceeded to receive evidence for Francis Krufher. (s. 568 Code invoked upon application).

6. State also invoked section 7 of the Criminal Code Act against the two accused and allege that they both were principle offenders who aided and abetted each other in this fraudulent enterprise.

Prosecution Evidence

7. The State evidence consisted of four oral testimonies and 7 documentary evidence tendered into Court by consent.

8. Witness Victor Bruane is the adopted son of Abog Bruane. He gave testimony of how his father’s POSF life savings totalling K47,840.95 were lost to his sister Emma Sakumai and her son in law Francis Krufher through fraudulent means in 2000. His father, a retired school teacher died at Modilon General Hospital in 1992. His mother Clara Suai who is Emma’s aunt and all his family members never benefited from their late father’s savings. The witness said his father’s POSF file changed hands through a John Lausi, Gabriel Wai, men who offered to assist them get proceeds from the file. In 2009 he learnt through another contact Mica Anawe that his father’s POSF monies totalling K47, 840.95 was deposited into an ANZ Account No. 126411929 on 27 March 2007.

9. Witness Judith Kumasi, a former Sales Consultant with ANZ Wewak Branch testified of helping the accused Francis Krufher and an old man with him at the time open a new bank access account under the name of Mr. Abog Bruane on 5 February 2007 around 2.30pm. Since she knew the accused as a well-respected citizen in Wewak town the Bank’s 100 points requirement before opening a new account was waived with only the accused’s good standing and he was also a client of the bank. His identification card was however retained as proof. She said upon further verification by another senior officer, a Mr. Beno; approval was given for the account to be opened under Abog Bruane’s name.

(ANZ Account No. 126411929). Two weeks later the accused and the same old man returned to the bank and took delivery of their bank card after signing for it.

10. When the Bank Manager became suspicious of an irregularity with the account the witness notified the accused to come and explain to the bank. The accused fronted up at the bank accompanied by his mother in law, accused Emma Sakumai and held discussions with the Branch Manager Harold Piniau. The witness was then called into the Manager’s office and told that the account she had opened recently belonged to someone who had died a long time ago and not to the persons who had come and opened that account. The witness said the accused’s explanation was that his other name was Abog Bruane. The matter was then reported to Police and the witness questioned. The witness said the bank card was made out to Bruane (exhibit 6). She expressed shock and surprise when called up by the Bank Manager to explain the situation as Emma Sakumai and her daughter were known to her through friends.

Cross Examination

11. In cross examination the witness said the accused assisted the old man open an account under the name of Abog and they both collected the bank card after the old man signed for it.

Re-examination

12. In re-examination the witness said the bank card is a debit card with a pin number and anyone can access monies.

13. ANZ Wewak Branch Manager Mr Rai Tai gave testimony after being served with a Court Order to produce certain bank documents considered privileged. More than 9 bank documents ranging from when Abog Bruane’s application to POSF including his benefits transferred into his new ANZ account with all related banking details were touched on by the witness. He said the Bank gets alerted when it detects an uncontrolled trend of spending at regular intervals. I list hereunder for ease of reference:

Exhibit 8 a & b	Copy of specimen signature from old system to the new system
Exhibit 19	POSF Application for benefit payment form
Exhibit 10	Outward Exchange summary sheet. Transfer inside BSP to ANZ – POSF.
Exhibit 11	Account enquiry – Current system and old computer generated version
Exhibit 12	Long enquiry - ANZ
Exhibit 13	Enquiry customer name, type of account (Financial Enquiry)
Exhibit 14	Statement of Account from date account was opened with in/out transactions up to date account was closed – 9 pages
Exhibit 15	Copy of withdrawal from account no.124192 – K14, 000.00
Exhibit 16	Back of above withdrawal slip with notations & customer signature to verify – old computer system and current record system
Exhibit 17	ID Photos of Wewak Flag partnership Account - 13109516
Exhibit 18	Specimen signatures for Wewak Flag partnership Account - 13109516
Exhibit 20	POSF separation Authority Forms
Exhibit 21	POSF Application for Benefit Payment Form
Exhibit 22	Account Transaction Enquiry Bank Statement for Account 12641929

14. Witness Lydia Iko is the Assistant Manager of ANZ Wewak Branch having started work since 2006. She is the oldest staff member. She testified of CID investigations into customer Abog Bruane’s account in 2016. The witness said she authorized a cash withdrawal of K14, 000 by the accused who held himself out to be Abog Bruane and signed for that withdrawal in her presence. (Exhibit 15 – Withdrawal slip) Since the accused was a well-known figure in the community known under the name of Francis Krufher but was making withdrawals under the name of Abog Bruane, the witness became suspicious and questioned why that was so to which he replied that that was his concealed name or ‘hide name’.

Cross Examinations

15. When suggested to the witness in cross examinations that the accused was accompanied by an old man and a lady at the time the withdraws were made, she said the accused was alone at the time. The accused told her that he needed the money to buy his father’s wheel chair.

Cross examination continue…

Q. 3. Francis Krufher is a well-known person in town? He has an account with ANZ Bank?

A. I can’t answer that as he is only an associate party.

Q. 4. He has assisted other persons to open accounts?

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