The State v Samson Krapp No 1

• Jurisdiction: Papua New Guinea
• Judge: Geita J
• Judgment Date: 22 September 2016
• Citation: (2016) N6492
• Court: National Court
• Year: 2016
• Judgement Number: N6492

Full : CR (FC) No 967 of 2013; The State v Samson Krapp No 1 (2016) N6492

National Court: Geita J

Judgment Delivered: 22 September 2016

N6492

PAPUA NEW GUINEA

[IN THE NATIONAL COURT OF JUSTICE]

CR (FC) No. 967 OF 2013

THE STATE

-V-

SAMSON KRAPP NO. 1

Aitape: Geita J.

2016: 19, 20, 21& 22 September

CRIMINAL LAW – Guilty after Trial - Nuku District Volunteer Coordinator for HIV/AIDS misappropriated K11, 000.00 earmarked for World Aids Day celebration in Nuku, Palai and Yangkok LLG areas in 2011 – All monies used elsewhere in the exercise of his discretion which he did not have and never had.

CRIMINAL LAW – Misappropriation – Dishonesty – Dishonesty applied in its plain ordinary dictionary meaning – Intent to cheat, deceive or mislead - Section 383A (1) (a).

CRIMINAL LAW – Designated funds requested for and released for specific activity used elsewhere mounts to misappropriation.

CRIMINAL LAW – All elements of the offence successfully made out – Guilty verdict returned on Misappropriation - Section 383A (1) (a).

Cases Cited:

Kindi Lawi v The State [1987] PNGLR 183

The State v Baine [1990] PNGLR 1

The State v Gabriel Ramoi [1993] PNGLR 390

Counsel:

Mr. Paul Tusais, for the State

Ms.Renatta Yayabu, for the Accused

JUDGMENT ON VERDICT

22nd September, 2016

1. GEITA J: The accused pleaded not guilty to one count of misappropriation contrary to section 383A (1) (a) of the Criminal Code.

Terms of the Indictment

2. Between 17th and 22nd of November 2011 at Vanimo, Sandaun Province the accused dishonestly applied for his own use and the use of other unknown persons the sum of K11, 000 the property of the State of Papua New Guinea. Those monies were applied for and released by Sandaun Provincial Aids Council or SPAC to be used by the four Local Level Government areas( Nuku Central, Yangkok, Palai, Maimai Wanwan) as part of their World Aids Day awareness programme activities leading up to 1st December 2011, World Aids Day.

Prosecution Evidence

3. The State evidence consisted of three oral testimonies and 15 documentary evidence tendered into court by consent.

Documentary Evidence

Particulars			Exhibit Nos
1		Record of Interview – 24/4/2014 Samson Krapp- English	1a
2		Record of Interview – 24/4/2014 Samson Krapp- Pidgin	1b
3		Copy of BSP Cheque of K12, 500 made out to the Accused 11/11/11. Chq No. 906548	2
4		Copy of BSP Deposit slip to Accused account for K12,500 on 15/11/2011	3
5		Copy of letter from Symporian to BSP Bank Manager Vanimo to facilitate funds to Samson Krapp. 11/11/2011	4
6		Copy of cheque requisition voucher	5
7		Copy of requisition for expenditure FF3	6
8		Copy of General Expenses FF4	7
9		Copy of SPAC Development Funding Request Form	8
10	Copy of HIV/AIDS Response Activity Planning Form		9
11	Copy of HIV/AIDS Response Activity Budget Breakdown		10
12	Copy of Search Warrant		11
13	Copy of Bank Statement – Samson Krapp AC No. 100100800		12
14	Witness Affidavit – Rodney Tara		13
15	Copy of BSP Cheque paid to Ricky Saren for World Aids Day Celebration in Vanimo and related expenses		14
16	Copies of Receipts for services rendered by service providers (2 pages)		15

Oral Testimonies

4. Symphorian Sumun, acting Provincial HIV/AIDS Coordinator for West Sepik Province, based in Vanimo from here on gave testimony as follows: Provincial affiliates of The National HIV/AIDS Council of Papua New Guinea have access to some level of funding to conduct awareness programmes and or activities in the provinces on World AIDS Day which falls on the 1st day of December each year. In 2011 the accused, in his capacity as Nuku District Volunteer Coordinator applied for funds on behalf of the four LLG areas to the amount of K12,500 as follows: Nuku Central K4, 000; Yangkok K3, 500; Palai K3, 500 and Maimai Wanwan K1, 500. All such monies were to be paid to named persons from the respective LLG areas. On 11th November 2011 a BSP Bank cheque for K12, 500 was made out in his name and same deposited into his personal account in Vanimo. Being the Coordinator he was entrusted with the responsibility of distributing the said monies to the LLG area as has happened in previous years. All three LLG’s were never paid their allocation save for Maimai Wanwan with K1, 500. As a result no acquittals or reports as to how the monies were used were submitted to the acting Provincial HIV/AIDS Coordinator.

5. Palai LLG conducted its planned awareness activities with promises to repay their creditors and service providers as soon as their promised funds became available to them to no avail. Instead additional monies were released by the Provincial HIV/AIDS Coordinator to service providers. A Technical Officer assigned to investigate complaints of the missing monies from its intended recipient’s was unable to get some answers from Samson Krapp as he remained evasive and did not co-operate with the Investigator. The witness said Samson Krapp was known to him personally and he has been trusted in previous years for doing the same thing. At the time he was the District Coordinator for Nuku and so the cheque was made out to him for distribution to other LLG’s, as has been the practice in past years.

6. In cross examination the witness agreed that Samson Krapp was a volunteer District Coordinator for Nuku and he has submitted for funds for similar activities previously and provided acquittal reports for them also. When suggested to the witness that since Nuku LLG funds were deposited into the accused’s account he was unable to withdraw large amounts for distribution during that period in question, the witness said, that difficulty was overcome by the cheque been raised two weeks prior to 1st December 2011. Furthermore cheque clearance letters accompanied the cheque written by the witness to the Banks to facilitate easy payment of proceeds. He said if there were difficulties in the honouring of the cheque he was not aware of such and none reported to him. When questioned that due to geographic isolation of the Nuku LLGs the accused was unable to deliver the funds to them in time for the celebration and submit reports, the witness said none of those difficulties experienced by the accused were brought to his attention. In any event if they were so, the funds were supposed to be with him and handed over to the respective LLGs who missed out but that was not to be so. He did not give them their share of monies as allocated. Again when suggested to the witness that Nuku Committee was unable to submit acquittal’s because they were not familiar with acquittal processes, the witness said if that was the difficulty they were facing, such difficulty was not brought to his attention, saying Samson Krapp should know better.

7. In re-examination the witness said LLGs did not have Committees but were classed as stakeholders as they were the best groups to disseminate the HIV/AIDS message to the masses. There was no such group called Nuku HIV/AIDS Committee. The witness said Samson Krapp never approached him regarding experiencing difficulties in accessing monies from his account, He said he wrote letters accompanying the cheque to BSP Bank Manager to facilitate cheque clearance. He said this was his first time to hear about bank clearance difficulties experienced by Samson Krapp in Court.

8. Rosemary Wunum is a Health Promotion Officer based in Yangkok LLG area and some of her responsibilities include carrying out HIV/AIDS awareness activities in her District every year. In October 2011 all four LLG nominated responsible persons travelled into Vanimo and submitted their programmes and plans for funding to celebrate 2011 World HIV/AIDs day. As the celebration dates grew close she became anxious and called to enquire about the outcome of their applications. She was told by Symphorian Sumun that a sum of K12, 500 had been raised and given to the Accused to distribute to all LLG’s. On 23rd November 2011 she established contact with the accused who requested for quotes to be obtained. The witness travelled to Wewak on 24 November 2011 to meet the accused but returned home two days later without seeing him. When she finally made contact with the accused again she was told to go and wait at Nuku as he was travelling via Kitawali.

9. On 1st December 2011 the witness accompanied by the Provincial HIV/AIDS Technical Officer travelled to Nuku to investigate the matter but returned without any monies because the accused could not be located or their phone calls never responded too by the accused. The witness said since they had incurred expenses in anticipation of the budgeted monies from the accused all liabilities were returned to Symphorian who settled all bills. The witness said the planned activities for her LLG were aborted whereas Rodney Tara conducted his activities on credit.

10. The witness further testified that no World Aids Day activities were carried out in Nuku Central however was told that the accused ran activities in his village Namblo. She said from 2011 to 2016 no funds were ever received from Samson Krapp for her planned activities in 2011.

11. In cross examination the witness admitted not knowing how funds were used by the accused. When suggested to her that the...