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TRANSCRIPT OF PROCEEDINGS Commission of Inquiry into SABL Department of Prime Minister & NEC P O Box 639 WAIGANI. NCD Papua New Guinea

Telephone: (675) 323 7000 Facsimile : (675) 323 6478

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COMMISSION OF INQUIRY INTO SABL

MR NICHOLAS MIROU COMMISSIONER

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TOP FLOOR, MURUK HAUS, WAIGANI, FRIDAY 23 SEPTEMBER 2011 AT 10.20 A.M. (Continued from Thursday 22 September 2011)

   

 

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COMMISSIONER MIROU: Counsel, what do we have for this morning? MR KETAN: Commissioner, this morning, we have a number of matters listed for mention. Some will be mentioned by myself and the others mentioned by Senior Lawyer Assisting, Mr Paul Tusais. If I can mention matter number 22? COMMISSIONER MIROU: Pomata Investment Limited. MR KETAN: Yes. That matter and the next matter, matter number 23, Nakiura Investment Limited; matter number 24, Ralopa Investment Limited. All of those 10  matters, Commissioner, are related to matter number 71, Unung Sigite Limited, which is scheduled for 29 September 2011. COMMISSIONER MIROU: 29th, yes. MR KETAN: I think that is next Thursday at 1.30 pm. These matters are related to each other. They are all portions of land in East New Britain Province, and we want to deal with those together at the same time mention the matters. That is, from such, to make an application this morning, Commissioner, for an adjournment of these matters. These three matters are scheduled for this morning 20  to be dealt with together with matter number 71 on 29 September 2011 at 1.30 pm. The other reason, of course, is as we are in the process of preparing the opening addresses or statement, there are other large thick volumes of material, particularly to do with – particularly, from the Department of Environment and Conservation, which material we need to peruse before we make the opening statements and open the files. So on those basis, I seek an adjournment of these matters to 29 September 2011 at 1.30 pm. 30   COMMISSIONER MIROU: Thank you, Counsel. The matters listed at 22, Pomata Investment Limited; matter number 23, Nakiura Investment Limited; matter number 24, Ralopa Investment Limited, these matters are now adjourned to 29 September 2011 at 1.30 pm. MR KETAN: Thank you. COMMISSIONER MIROU: These matters are related to another matter which is listed as 71 in the list. As the Counsel has mentioned that they have received some 40  

 

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more information and that requires time for the team to peruse the materials and to prepare an opening for each of the matters that were mentioned. So these matters are now adjourned to 29 September 2011 at 1.30 pm. MR KETAN: Yes. COMMISSIONER MIROU: Thank you, Counsel.

[10.25 am] MR KETAN: If there are any people in the audience who are interested in these matters, if they can be asked to come back on 29 September 2011 at 1.30 pm. 10   COMMISSIONER MIROU: Yes, thank you, Counsel. So for any persons having any interest in a matter that have been mentioned this morning, if you can – if you have information or any other matters that you wish to submit to the Commission, you can do so before Thursday and the adjournment is now made for – a time is to be fixed for 29 September 2011 at 1.30 pm. Thank you. Thank you, Counsel, next matter? MR KETAN: Yes, the next matter I have, Commissioner, is matter number 28, Koaru Resource Owners Company Limited. I also seek an adjournment in that 20  matter on the basis of thick volumes of documents that have come in from the Department of Environment and Conservation that we need to peruse and incorporate into the opening statement. Those documents were – some of them were received as late as this morning. So on that basis, I seek an adjournment of that matter to 29 September at 1.30 pm. COMMISSIONER MIROU: Thank you, Counsel. Before I – is there any person present in the room that has an interest in the matter that is listed as 28, Koaru Resource Owners Company Limited, that is the Gulf Province. Yes, okay. Counsel, I note there is a number of interested persons in the room. 30   MR KETAN: If all of these people can come back at 1.30 pm on 29 September? COMMISSIONER MIROU: You may be seated. MR KETAN: Senior Counsel Assisting is suggesting, Commissioner, that in view of the number of matters being adjourned to the 29th, that this particular matter, matter number 28, is not related to any matters set on that day, as was the case for matters number 22, 23 and 24, so if we can have this matter adjourned to another date, and we suggest 5 October. Yes, it is a Wednesday, perhaps in the morning. 40  

 

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COMMISSIONER MIROU: Time 9.30? MR KETAN: In the morning in this case. COMMISSIONER MIROU: Thank you, Counsel, I will make – Counsel has asked for this matter to be adjourned, and the Commission will adjourn this matter to 5 October 2011 at 9.30 am. The reason being that the Commission has received a number of documents from the Department Environment and Conservation as early as today. 10  

[10.30 am] So the team will require time to consider the material and to make a proper analysis of the matters that are raised in that particular SABL file. And then to make that submission at the opening, to make an opening address on 5 October in 2011 at 9.30. So if you have any information or materials or you wish to provide to the Commission, you may do so before 5 October 2011. So this matter is now adjourned to 5 October 2011.

MR KETAN: Thank you. The next lot of matters will be mentioned by my friend.

THE CHAIRMAN: Thank you, Mr Ketan. Mr Tusais?

MR TUSAIS: Thank you Commissioner. The matters I wish to mention starting 20  

from number 25, these are Western Province matters; Tosigiba Investment Limited. Commissioner, it is Tosigiba. The next matter underneath North East West Investments Limited and North East West Investments Limited again. It is a separate portion of land. Commissioner, I will also be asking for an adjournment for the very same reasons that Counsel Assisting, Mr Ketan has put forward to the Commission. We have received bulky, substantive documents this morning. Commissioner, the team does not wish to make submissions that may not be quite truthful until these other documents are checked and verified. There are also other factors as new submissions made by interested members of the public and files from the Department of Agriculture in relation to these SABLs which are basically 30  

Ago-Forestry proposed Oil Palm Development SABLs and we need time to prepare properly and make submissions which will be fair to all parties concerned. After all, this Inquiry is not out to get anyone in particular but to make fair findings

 

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based on facts. I am asking that these matters be stood over to 4 October at 9.30 am.

COMMISSIONER MIROU: In light of the explanations provided by Counsel, the receipt of new information and the need to peruse all the materials and to make a proper analysis of the evidence that is on the file so that this Commission can receive factual presentation on those each individual SABLs, we will stand this matter, the Commission will stand this matter down to 4 October 2011 at 9.30 am.

MR TUSAIS: Thank you, Commissioner.

COMMISSIONER MIROU: Mr Tusais, you may sit down. I will just make a general comment. So for those who have an interest in the matters that was 10  

mentioned, this matter is now stood over to 4 October 2011, where Counsel will make a presentation; make an opening address. If you have any issues or any information that you have that may assist the Commission, you may do so between now and 4 October 2011. Thank you. Mr Tusais?

[10.35 am]MR TUSAIS: Thank you Commissioner. The only matter for this morning is Rakubana Development. That is my matter. I was going to do an opening this morning also until I received this and I wish to just take this out also. There are probably some people come here for that but unfortunately we will have to ask for further adjournment in regards to this. This matter is related to other matters which have been set down for next week. These are New Ireland matters and they 20  

are related to the New Hanover - the three SABLs on New Hanover, Tabut, Umbukul and Central New Hanover Limited. It will probably make sense to mention the whole lot of them or if not, two or three of them together at the same time.

COMMISSIONER MIROU: What date do you propose, Counsel?

MR TUSAIS: I propose the 28th , that is two of them are going to be mentioned on the 28th , that is Wednesday.

COMMISIONER MIROU: Time?

MR TUSAIS: At 9.30 am.

 

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COMMISSIONER MIROU: Thank you Counsel. This matter is stood over to Wednesday 28 September 2011 at 9.30 for mention and opening addresses. Is there any person in the hearing room that has an interest in this matter? I see that there is nobody that has responded to it so this matter is stood down to the 28 September 2011 at 9.30 for mention. Counsel, is there any other matters for mention this morning?

MR TUSAIS: No, not this morning. We have other matters but they are all set down for the afternoon.

COMMISIONER MIROU: Yes, ok. So having no matters to be mentioned this morning apart from what we have mentioned, we will adjourn the hearing to 1.30 10  

pm this afternoon.

MR TUSAIS: Yes.

COMMISSIONER MIROU: Mr Associate, please adjourn.

LUNCHEON ADJOURNMENT

[1.52 pm] COMMISSIONER MIROU: Good afternoon, Counsel Assisting. I know that we 20  have a number of matters to mention this afternoon. MR KETAN: Commissioner, this afternoon, we have a number of matters; 6 and 7, including one that was adjourned to this afternoon from yesterday. The first three matters that will be mentioned this afternoon are matters numbers 30 and 31 which are handled by my friend, Senior Lawyer Assisting, Mr Paul Tusais. So he will mention those matters this afternoon. COMMISSIONER MIROU: Yes, okay. 30  MR TUSAIS: Thank you, Commissioner. We mention the matter of Bewani Palm Oil Development Limited first. Commissioner, we were prepared with a draft opening for this morning but we have referred or adverted to circumstances that happened this morning. There was a whole bunch of documents that were provided this morning, particularly by the Department of Environment and

 

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Conservation. That has made us decide, perhaps, we should peruse; go through bulky documents that were provided and then make opening remarks at a later date. We note that this room is quite full. Some of them have come for Bewani Palm Oil Development. But just to put in context, we have had some difficulties, if I may put it that way, in acquiring information relating to several, not just this, but several SABL files; and these have been mainly due to the failure of the Lands Department to provide files from which certain information could be extracted. A lot of that information we have gleaned through indirect means, through files from the PNG Forest Authority for matters or SABLs that have Forest clearance authorities involved, and Department of Environment and Conservation and from 10  other sources. So at this stage, that is our basic for asking that this matter be stood down. There is also the other factor that a related in this is the Ossima Resources Limited. It is listed as number 74 on the list published in the papers. That is a SABL that is directly or is closely connected to the Bewani Palm Oil Development, and we suggest, Commissioner, that both of these matters be mentioned together on the date Ossima is listed for, which is Friday 30 September at 9.30. Thank you. COMMISSIONER MIROU: Yes, thank you, counsel. With matters relating to 20  Lands Department, the difficulties are still continuing. They are unable to provide the files to the Commission? MR TUSAIS: I am not sure about the other matters but for Bewani, there is no file from Lands. COMMISSIONER MIROU: All right. MR TUSAIS: There is quite a list from the department that we still have to--- 30  COMMISSIONER MIROU: Oh, yes, I think pending that advertorial that they put out last week. We have not received any word from the department as yet? MR TUSAIS: Out of this list – lengthy list – we have only just received two or three files; reconstructed files produced by owners or so called owners’ copies. COMMISSIONER MIROU: All right. Just keep us informed on the progress of the --- MR TUSAIS: Yes, Commissioner. 40  

 

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COMMISSIONER MIROU: From the Department of Lands. With regard to your application for an adjournment to this matter, for those having an interest in the matter that was referred to, that is 30, Bewani Palm Oil Development Limited, any interested parties in the room? MR FRANCIS GRIFFIN: Mr Commissioner, my name is Francis Griffin. I appear from Young William Lawyers and I will be seeking leave pursuant to section 8 of the Commissions of Inquiry Act to appear for and on behalf of my client Bewani Palm Oil Development Limited. 10  

[1.57 pm] COMMISSIONER MIROU: Okay. MR GRIFFIN: And also Ossima Resources Limited. COMMISSIONER MIROU: 74, okay. Mr Griffin, as you have heard, Counsel has now requested that this matter be stood down to 30 September due to reasons that we have received some more documents from some of the key agencies involved in SABLs. Based on that reason, we have to allow time for the team to process it and then to be able to provide a clear statement when they make their 20  opening addresses. MR GRIFFIN: Yes, thank you, Mr Commissioner. COMMISSIONER MIROU: So I will have this matter adjourned to 30 September at 9.30. MR GRIFFIN: Thank you, Mr Commissioner. COMMISSIONER MIROU: Thank you, Counsel. 30   MR PHILIP KAMAN: If I may just enter my appearance, Mr Commissioner. My client is interested in this matter--- MR TUSAIS: State your name. MR KAMAN: My name is Philip Kaman, Ka-m-a-n. COMMISSIONER MIROU: Philip Kamane? 40  

 

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MR KAMAN: No, K-a-m-a-n. COMMISSIONER MIROU: Kaman? MR KAMAN: Yes. I am from the firm of Henaos Lawyers. We are basically acting for a developer company, which is Bewani Palms Limited – Palm Oil. COMMISSIONER MIROU: Okay. MR KAMAN: So, we will be basically assisting the Commission with whatever 10  documents are needed. COMMISSIONER MIROU: Yes, thank you, Mr Kaman. I think both you and Mr Griffin can be in contact with our team to produce any assistance you may between now and 30 September. Until such time, these are only preliminary hearings that we are making into each of the files now. So thank you for your appearance this afternoon. MR KAMAN: Thank you, Commissioner. 20  COMMISSIONER MIROU: Yes, Mr Tusais--- MR KETAN: Commissioner, sorry, the Counsel appearing on behalf of interested parties, unless they have made submissions and presented documents to the Commission previously, either voluntarily or on the announcement of the establishment of the Commission of Inquiry, or in response to the advertisements that the Commission of Inquiry has run, they should, we ask that they make some -file some submissions or documentation that they wish to rely on during the hearings. Today is mention and it would help even if it is just a document for stating what their involvement will be so that we do not – are not surprised at the 30  time of the mention or hearings. COMMISSIONER MIROU: Okay. Counsels who have interest in other matters, including Mr Griffin and Mr Kaman who have come before me, and including Mr Kuman, as you have heard, if you have made submissions to the Commission in relation to the matters that you are here, if you could also highlight the fact that -your interest in the matter and the parties that you represent. That information are useful to assist the Commission or the Counsel Assisting and the team to look at the issues that will be raised when the hearing goes into the proper hearings conducted into each of the SABLs. I mean these are preliminary hearings so this 40  

 

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opportunity is extended to you as Counsels representing those parties or interested persons to come forward with that information to assist our team, and this remark, will assist all of us to at least to ensure that we address properly the Terms of References that this Commission is expected and required to inquire into and report on.

[2.02 pm] Counsel Assisting, are those the matters that you wish to raise? Mr Tusais, with Bewani, we will have this matter adjourned to 30 September 2011 at 9.30.

MR TUSAIS: Yes Commissioner. I would like to mention Matter No 31, Musa Valley. That is to be mention together with the matter that was stood over from 10  

yesterday, Musida Holdings No 20. This matter, Counsel appeared yesterday, Mr Kuman, who is also present today. I have conversed briefly with him, I have advised him about the course of action we are going to take. It is similar to the first matter we have mentioned this afternoon. We have also received papers from DEC and submissions from other concerned parties and they need to be examined first before this Commission is fully addressed in the opening.

Commissioner, there is also the other aspect to this matter, and this matter is currently before the Court at least for Judicial Review, and as such, may be subjudice and whatever statements or potential findings that this Commission may make, we must consider carefully before we make any statements or we will be 20  

cited for contempt. But it does not stop this Commission from examining other aspects that the Commission has been entrusted under the Terms of Reference and just so that we do not cause offence or cause anything that is not proper. That is also a reason that we asked that this matter be stood over to the week after the 30th, the first week in October, perhaps on the 4th.

COMMISSIONER MIROU: Thank you Counsel. Mr Kuman, you have heard Mr Tusais’ application to have this matter adjourned to 4 October for the reasons that they have received new documents from the agencies involved in SABLs and therefore this request is to allow Mr Tusais and his team to properly analyse all the information from the documents and to ensure that at the opening addresses, the 30  

actual findings are properly put to the Commission and any issues that you may raise in relation to your client’s interest should also be canvassed in that opening so that at least we can be able to minimize any difficulties in trying to assess the

 

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evidence that will be given. I thank you for your assistance to the Commission in respect of your representing Musida, is it?

MR KUMAN: That is correct, Mr Commissioner.

COMMISSIONER MIROU: But I will hear you.

MR KUMAN: Yes. Mr Commissioner, I appeared for Musida Holdings yesterday and it was stood over to today to be mentioned together with Musa Valley. I confirmed that the matters for the SABLs, the subject of this Inquiry is also before the Courts and the leave has been granted and the matter has been progressed to a substantive hearing. However, looking at the Terms of Reference, the issues that have been raised in Court will not conflict with what the 10  

Commission is doing for enquiring into – it may in fact assist what the parties seek to resolve in Court. On that note, we will be happy to come back on the 4th. We did provide a substantial amount of documents in August, as I recall, to the Commission, but we will assist the Commission with the opening on the 4October in respect of proceeding with Musida Holdings Limited.

[2.07p.m] As I take it, the files at the Lands Department in respect of that SABL is also on the list that was published by the Lands Department last week so my taking it would be that the Lands Department does not even have a file in respect of this SABL, and has in fact granted a lease and that is in fact the subject of the current legal proceedings before the National Court. So we have been asked by the Lands 20  Department to help with the reconstruction of the file which we will assist the Lands Department. But as it is, we would be happy for an adjournment if you would also give us time too – most of our clients are in Oro so we will have to formally seek instructions from them as well in respect of the various aspects of the Terms of Reference.

COMMISSIONER MIROU: Yes. I thank you Mr Kuman for your assistance in these matters and we will have this matter adjourned to 4 October 2011 at 9.30 for mention and if Counsel is ready then the opening addresses will also be. You may be excused. 30   MR KUMAN: Thank you Mr Commissioner. MR KETAN: Commissioner, the next matter to be mentioned is Veadi Holdings Limited which was adjourned to this afternoon from yesterday.

 

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COMMISSIONER MIROU: That is correct, Counsel Assisting. It was adjourned from yesterday afternoon to 1.30 this afternoon. MR KETAN: In this matter, I am seeking a further adjournment on the grounds of pretty much on the grounds that Mr Tusais has mentioned. There has been receipt of documentation that needs to be perused in relation to the opening statement that was to have been made this afternoon. Also there have been letters and approaches by people interested in the matter as late as lunch time today and those people, to give them an opportunity to put in any submissions that they have. The time given 10  to people interested in all of the SABLs lapsed on 29 August but as I understand the Commission of Inquiry process is continuing and from what your own position, Mr Commissioner, from your own position as stated yesterday that these submissions should come in so that the Inquiry, for completeness of the Inquiry, and so today just being a mention day, it would be appropriate for people who are interested to be invited to make those submissions and in fairness so that on the day when the matter is mentioned next that there are no surprises for us in terms of the opening statement that needs to be made in relation to this matter. That position, Mr Commissioner, is the same in relation to the next four matters that are listed for mention this afternoon. 20   The next two matters are matters number 34 and 35. The SABLs in those matters were granted to Konekaru Holdings Limited over portions 2465C Granville Moresby Central Province and portion 2466C Granville Moresby. COMMISSIONER MIROU: That is in NCD. MR KETAN: These three matters, the Veadi matter and the two Konekaru Holdings matters are related and the interest of interested persons both in terms of the landowners and the people having interest in Konekaru Holdings crisscross or 30  overlap into one or the other of the SABLs. So for that reason we think that if we can have these matters adjourned to a later date and I am suggesting that they be adjourned to 5 October. COMMISSIONER MIROU: 9.30? MR KETAN: Yes, 5 October at 9.30 a.m. COMMISSIONER MIROU: Counsel, these SABLs are just on the fringes of the city limits? 40  

 

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MR KETAN: I beg your pardon? COMMISSIONER MIROU: These are just closer to NCD? The three lands that we are – SABLs that we are referring to? Where are they located? MR KETAN: These SABLs are pieces of land adjoining or are in the precincts of the Petroleum or LNG Plant as it is alternatively referred to, Petroleum or part of LNG project near the Central Province villages of Lealea and Papa. COMMISSIONER MIROU: So the parties are much closer? 10   MR KETAN: Yes. COMMISSIONER MIROU: So you want this matter to be adjourned to the 5th of--- MR KETAN: To 5 October. COMMISSIONER MIROU: 2011. 20  MR KETAN: Yes, at 9.30 a.m. COMMISSIONER MIROU: 9.30 a.m. MR KETAN: And if I can repeat my request for any lawyers or any party having any interest in the matter and wanting to be heard that they give us some submissions, again if not for anything else, at least for stating what their position is, which will help and which we can take into consideration in our opening addresses. 30  COMMISSIONER MIROU: Thank you. MR KETAN: The next two matters, Commissioner, are matter number --- COMMISSIONER MIROU: Sorry Counsel Assisting, I noted --- MR MALAGA: Good afternoon, Commissioner, if I may just intervene, for the record Counsel’s name is Malaga, initial S. COMMISSIONER MIROU: Sorry? 40  

 

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MR MALAGA: Malaga, initial S. COMMISSIONER MIROU: Your surname? MR MALAGA: Malaga, M-a-l-a-g-a. Initial S, from Henaos lawyers. COMMISSIONER MIROU: And Mr Malaga, you represent? MR MALAGA: I represent nine major clans of Rearea Village who have an 10  interest in the three matters that my friend was just dealing with. We have noted his comments about parties having to at least make submissions or indicate their position prior to hearings and we will be doing that Commissioner and further we note also that the matter is to be adjourned to 5 October. So hopefully by then we should provide some papers to lawyers assisting the Commission. Thank you. COMMISSIONER MIROU: Thank you Mr Malaga. That is exactly what Counsel requires as assistance from you as Counsel representing the landowners and interested persons to provide as much information to the Commission so that the Commission can be able to assess the information, verify it with the official 20  documents or if there are any official documents available, and when we conduct the proper hearings into the matter then we can be able to look at the issues and deal with them. Counsel Assisting I note that there are some movement at the back.

[2.17 p.m.]MR KETAN: There is other Counsel involved in the matter. COMMISSIONER MIROU: Mr Malaga, you can be excused. MR MALAGA: If I can be excused, yes, thank you. 30   MR KETAN: Before my friend, Mr Malaga excuses himself, he needs to – I take it that he has applied – in making his announcement, he has applied for leave pursuant to Section 8 of the Commission of Inquiry Act. Parties interested and Counsel do not have a right of appearance in this proceedings unless they seek leave and they are granted leave by the Commission. So for purposes of formality, if that could be done.

 

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MR MALAGA: Yes, certainly I appear seeking leave firstly, pursuant to Section 8 of the Commission of Inquiry Act to speak on behalf the nine major clans, yes. Thank you. COMMISSIONER MIROU: Your leave is granted. Leave is granted. MR KIKIRA: Thank you, Mr Commissioner. Counsel’s name is Mr Kikira. I am also representing a party who has an interest on those three matters. I note that we have previously indicated our interest by submitting a stat dec and a letter upon the Secretariat. 10   COMMISSIONER MIROU: Mr Kikira, who do you represent; which are the parties? MR KIKIRA: Mr Commissioner, I am representing an incorporated land group, that is Boi Vagi Land Group Inc, that is ILG No 7091 in relation to the three matters. COMMISSIONER MIROU: And Boi Vagi is the spokesman for the --- 20  MR KIKIRA: The spokeperson for the group is Vani Koairi as well as others which we would be indicating to the Commission as we draw near to the actual Inquiry. COMMISSIONER MIROU: If you can provide that assistance and the information to Counsel Assisting, between now and the 5th. MR KIKIRA: Yes, Mr Commissioner, I do note that Counsel Assisting the Inquiry has requested for submissions, formal submissions to be made. I will certainly comply with that requirement. 30   COMMISSIONER MIROU: Thank you Mr Kikira. MR DUSAVA: Good afternoon, Commissioner. Counsel’s name is Dusava, initial D. I seek leave of the Commission to make my appearance pursuant to Section 8 of the Commission of Inquiry Act. I am appearing on behalf of Konekaru Holdings Limited, which is a current leaseholder for two of the matters before this Commission. COMMISSIONER MIROU: Konekaru Holding and Konedaru? 40  

 

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MR DUSAVA: Konekaru Holdings Limited. COMMISSIONER MIROU: Mr Dusava, have you provided submissions or? MR DUSAVA: No, not yet, Mr Commissioner. We only received our instructions to appear before this Inquiry today. I wrote to Counsel Assisting the Commission and I have spoken to my clients and we are in process of compiling our documentation and our submissions to hand out to the Commission. 10  COMMISSIONER MIROU: Mr Dusava, that will be useful. If that can be provided to Counsel before 5 October, it will greatly assist us in the Inquiry and your assistance will also be acknowledged.

[2.22p.m.] MR KETAN: Commissioner, could I ask while most of the lawyers are still present that if the Commission can direct them to do that by the end of next week, the 5th being the following Wednesday, at least that way it can assist us to take their positions into account in our opening statement.

COMMISSIONER MIROU: To assist the Commission in its work and inquiry, I 20  direct that for those lawyers representing the interested parties in the matters that you provide all submissions and information, whatever you have in your possession to the Commission of Inquiry through the office of the Counsel Assisting by 5 October 2011, between now and 5 October 2011. This will assist the Commission to assess all the issues and canvass them so that we can be able to prepare when we have the matters listed for hearings and at those hearings we will deal with the issues that have been raised and brought to the attention of the Commission so that all parties will not be left with some doubt as to the Inquiry’s current Terms of Reference and the issues that have not been properly put before the Commission for its deliberation and eventually reports and recommendation to 30  the Government. So please if you have heard the direction, the direction is for you to provide all documents between and 5 October 2011. MR KETAN: Commissioner, if they can do that by the 30th, that is Friday next week. That gives us the weekend and Monday, Tuesday before Wednesday the 5th. COMMISSIONER MIROU: So the time has been amended now to 30 September? MR KETAN: Yes. 40  

 

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COMMISSIONER MIROU: It is not 5 October, it is 30 September now so please do that and you definitely will be heard. MR KETAN: The matter will be adjourned to the 5th. COMMISSIONER MIROU: Yes, I will come to that. I note that there is a Counsel at the – please come forward, your name and --- MR OVIA: Thank you Mr Commissioner. I wish to enter an appearance in one of the matters, that is matter listed number 34. Counsel is Buri Ovia and I appear 10  from the firm of Kundu Legal Services. Mr Commissioner, I seek leave of the Commission pursuant to Section 8 of the Commission of Inquiry Act to appear before this matter. COMMISSIONER MIROU: Mr Ovia? MR OVIA: Yes. We have already filed submission on behalf of our client in this matter. COMMISSIONER MIROU: Thank you so much. So once you file your 20  submissions, then your issues will be canvassed by the team and we will deal with the issues when we go through a proper hearing. Thank you so much for your attendance this afternoon. MR KETAN: Unless there is any other appearances in relation to those three matters, I wish to proceed to mention the other two matters listed for this afternoon. MR OVIA: Commissioner, if I may be excused. 30  COMMISSIONER MIROU: We have a gentleman at the back. MR BAEAU: Thank Mr Commissioner. Mr Commissioner, our lawyer, Paul K Harry, an employed lawyer with Stevens Lawyers made a mention yesterday on our behalf. COMMISSIONER MIROU: Yes, I remember he was here yesterday afternoon. MR BAEAU: We have got our submissions already lodged in as of 26th of last month and I will be the spokesman for our ILG or clan but that is if because of all

 

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the other clans been represented by their lawyers, I will discuss with my lawyer to give instructions for them to stand in for us on those three SABLs. COMMISSIONER MIROU: Okay. What is your name? MR BAEAU: Ata Joseph Baeau is my name. Spelt A-t-a. COMMISSIONER MIROU: Joseph--- MR BAEAU: Joseph and surname spelt B-a-e-a-u. 10   COMMISSIONER MIROU: Mr Baeau, you do not have to worry about that. Your submissions are with the team. I note that your lawyer appeared yesterday and we have noted his appearance at these hearings and you may convey to him the next date of our hearing which is 5 October 2011 where he can make himself available and all the issues that you have raised in your submissions will be canvassed by the team and at that opening addresses those issues will be presented to the Commission for its deliberation. Then we will go into a formal hearing which a time and place to be fixed in the immediate future where all the issues and things will be heard by way of evidence and other things that we think is possible 20  to assist the Commission to arrive at its – to makes its findings and recommendations. So just convey that information to Mr Harry that the preliminary or opening addresses have been adjourned to 5 October 2011 at 9.30 a.m. Thank you. MR BAEAU: Thank you Mr Commissioner, I will do that.

[2.22 pm] MR KETAN: Commissioner, the next matter I mention is matter number 32 Abeda Agro Forest Limited. The SABL concerned there is portion 409C Epoe, Central. For the reasons I have asked in seeking adjournment of the previous three 30  

matters, I also seek an adjournment of this matter to 5 October.

COMMISSIONER MIROU: Yes, this matter is adjourned to 5 October 2011.

MR KETAN: At 9.30.

COMMISSIONER MIROU: That is in relation to Abeda Agro Forest Limited. Is there any interested parties? Sorry, Counsel Assisting, there is a hand at the back. Your name, please.

 

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MR LOHIA: Thank you sir, Commissioner. My name is Eddie Lohia from Porebada.

COMMISSIONER MIROU: Yes, Mr Lohia.

MR LOHIA: Isamata Land Group in Porebada. Mr Commissioner, we did wrote our expression of interest before August 26 and we have submitted our statutory declaration with documents to your office. So if the Counsel Assisting this Commission, if he had received, I think those are the – so from there what are we going to do because I am representing myself, my clan and because of financial constraint that I am trying my best to come in. So what will be your advice, Mr Commissioner? 10  

COMMISSIONER MIROU: Thank you Mr Lohia. What will happen is that on 5th there will be another hearing like this where Counsel will present to the Commission all the facts relating to that particular interest that you have on that land. From that opening address we will fix a date in the future where we will take evidence from people. So you will know about that when we next meet on 5 October 2011 and from there we will fix a date for hearing where we will get evidence from people like yourself and others who have an interest in that particular land or activity taking place on your land. So that will happen. On the 05th we will have an opening address; Counsel will make an opening address to the Commission and then we will fix a date for the hearing. So you will not miss out 20  

on that.

MR LOHIA: Thank you, very much.

COMMISSIONER MIROU: So you can go back and come back on 5 October at 9.30 and then from there you will know the next hearing date.

MR LOHIA: Thank you.

COMMISSIONER MIROU: Thank you, you are excused.

MR KETAN: Commissioner, the final matter is matter number 33 on the list Mekeo Hinterlands Holdings Limited, SABL portion 45C Omeri Yule Island Central Province. Again for the reasons mentioned in relation to the other four matters I seek an adjournment of this matter to 5 October. 30  

 

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[2.32 pm] COMMISSIONER MIROU: Yes, Counsel that matter will be adjourned to 5 October based on the reasons that new information and other new materials requires the team to assess the evidence and to make a proper opening. So this matter will be adjourned to 5 October 2011 at 9.30. I see that there are a number of persons putting their hands up so if you can come forward and then tell us your name and state your interest. MR ………….: Commissioner, good afternoon. My number is number 30 and gazette number G124. 10   COMMISSIONER MIROU: Sorry, what number are you referring to? MR ………..: Gazette number 30, gazette 124. COMMISSIONER MIROU: Bewani Oil Palm Limited? MR ………..: Yes. COMMISSIONER MIROU: Okay. Counsel Assisting is not ready with the 20  opening addresses because new information has come into the office, and our team requires time to assess that information so that they can make proper addresses to the Commission. So we have adjourned this matter to--- MR KETAN: 30th. COMMISSIONER MIROU: Thank you, Counsel. 30 September, that is next week at 9.30 am. So you can come back on that time and then you hear the addresses. If you have provided any submission to the team, those issues will be raised. 30   MR ……….: I have submitted the documents already to the team. COMMISSIONER MIROU: Okay. So you do not have to worry about that. The team will assess that and then when they make the opening addresses, then you will know what time and date that the Commission will take in evidence – further evidence. MR NALI: My name is Robert Nali. I am representing my elder brother Kapus Nali, who is the Councilor at the village, East Bewani. 40  

 

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COMMISSIONER MIROU: And we will assure you that the team will travel to Vanimo for the sitting. So in relation to this matter here, there will be a sitting in Vanimo but that will be at a date to be fixed and you will know that on 30 September next week. MR NALI: Thank you, Commissioner, I really appreciate that. COMMISSIONER MIROU: Yes, okay. Thank you so much. 10  MR PETER: Good afternoon, Commissioner for Inquiry. Our matter is on item 32, Abeda. COMMISSIONER MIROU: That is Abeda Agro Forest Limited? And, your name? MR PETER: Peter M, initial M. Peter, initial M. We have no representative for – legal representative but my Director, who is Joe Fanau will be our spokesman, Joseph Fanau. My director will be the spokesman Joseph Fanau. 20  COMMISSIONER MIROU: Okay. Peter, this matter will be listed again, and it has been listed for hearing on 5 October at 9.30 a.m. and if you can tell your spokesman to be present at that time and if you have not provided any written statement to the--- MR PETER: He did a statement already. COMMISSIONER MIROU: Okay. MR PETER: But he has not signed the--- 30   COMMISSIONER MIROU: Statdec? MR PETER: Yes, Statdec, but we did all the statements as to what to assist the Counsel of the Inquiry to look into our--- COMMISSIONER MIROU: Maybe after when we adjourn, you can talk to Counsel Assisting and they will assist you with your statement. This matter has now been adjourned to 5 October at 9.30 a.m. Thank you. 40  

 

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[2.37 pm] MR KETAN: Those are the only matters we have for this afternoon and --- COMMISSIONER MIROU: Counsel, just probably for the records, just to get our records straight, I will just sort of mention the things, the matters that we have adjourned today. The matters of Pomata - I just want to get my records straight. MR KETAN: No, Veadi Holdings. COMMISSIONER MIROU: The matter of Veadi Holdings Limited has been adjourned to 30th, is it? 10   MR KETAN: To the 5th. COMMISSIONER MIROU: 5 October. MR KETAN: Commissioner, there were number of matters - there were matters mentioned by Mr Tusais --- COMMISIONER MIROU: I will deal with Mr Tusais’ matters which, he mentioned that - just to confirm it for our records again. Pomata Investments 20  Limited, Nakiura Investments Limited and Ralopa Investment is being adjourned to --- MR TUSAIS: 29th September at 1.30. COMMISSIONER MIROU: 29th at 1.30 pm. Thank you. MR TUSAIS: Musa and Musida to 4 October at 9.30. COMMISSIONER MIROU: Thank you, Counsel. 30   MR TUSAIS: And Bewani to 30 September at 9.30 to be mentioned together with Ossima. COMMISSIONER MIROU: Thank you, Counsel. The other matters that we have mentioned; Veadi--- MR TUSAIS: Veadi, Konekaru. I think both of them are Konekaru actually I have advised Ms Peipul. The two Konekarus and Veadis stood over to the 5 October. 40  

 

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COMMISSIONER MIROU: Yes, Abeda Agro and Mekeo Hinterlands. MR TUSAIS: Abeda Agro Forestry and Mekeo Hinterlands, also to the 5th. COMMISSIONER MIROU: Yes, thank you, Counsel. Counsel, do we have any other matters for this afternoon? MR TUSAIS: No. 10  COMMISSIONER MIROU: Okay. If that is the case, I thank you so much for your assistance to the Commission this afternoon. We shall adjourn to Monday at 9.30, thank you. Associate? AT 2.42 PM, THE COMMISSION OF INQUIRY INTO SABLS ADJOURNED TO MONDAY 26 SEPTEMBER 2011 AT 9.30 AM. 20