Minister Justin Tkatchenko has this week called for a Commission of Inquiry into the murky deals behind acquisition of Paga Hill land and the abuse suffered by its former residents at the hands of Gummy Fredriksson and the Paga Hill Development Company.
Meanwhile, PHDC has issued a defence, claiming it ‘has indefeasible title over Paga Hill, winning every legal challenge in District, National and Supreme Courts’.
We think we need to look again at the facts, and republish here an article from May 2016:
Peter O’Neill, Michael Nali, Gudmundur Fridriksson, Rex Paki, Jimmy Maladina, Dame Carol Kidu, Labi Amaiu, Tom Amaiu, these are just some of the names uncovered through an extensive probe that looks into the power players behind Port Moresby’s controversial Paga Hill Estate development, and their business partners.
The investigation was conducted by a senior criminologist Dr Kristian Lasslett, who began forensic research into the real-estate venture during 2012.
In the post, which first appeared on statecrime.org, Dr Lasslett raises new questions over the shareholders and executives standing behind the luxury real-estate development on Port Moresby’s harbour foreshores, and their connection not only to some of the biggest names in Southern Highlands politics, but numerous major corruption scandals.
Dr Lasslett connects Paga Hill executives and shareholders to major players into the Commission of Inquiry into the National Provident Fund, the Commission of Inquiry into the Department of Finance and the joint special inquiry into the Public Curator’s Office conducted by the Auditor General and Public Accounts Committee.
He also provides evidence documenting potentially illegal land transactions lying at the foundations of the luxury real-estate project.
And this couldn’t come at a more important time. It was recently revealed that the Paga Hill Development Company – under the leadership of Icelandic businessman Gudmundur Fridriksson – is bankrolling Dame Carol Kidu’s legal case to shutdown a film that documents the real-estate venture and the valiant efforts by our own justice fighters to save a historic national park from the developer’s knife.
Back in 2006 the Public Accounts Committee alleged the Paga Hill Estate was spearheaded by ‘foreign speculators’, who secured the title through ‘corrupt dealings’. A decade later it seems the controversy is still well and truly alive.
The Paga Hill Estate – A vision for a ‘progressive’ future
Once designated a national park, the majestic surrounds of Paga Hill have been eyed by numerous real-estate developers over the years. However, it is the Paga Hill Development Company (PHDC) which succeeded in clearing the land of its residents and national park status.
This paved the way for a development that will evidently include luxury hotels, 800+ residential apartments, sporting facilities, marina precinct, and multi-use commercial precinct.
PHDC boasts, ‘with tourists and visitors staying at the Hilton Hotel, residents of the site, together with city visitors enjoying the waterfront retail, restaurants and marina complex, the area will be a buzzing melting pot, creating a new image for a progressive Papua New Guinea’ (Hilton Hotels strongly denies any involvement in the project).
Even among the rubble produced by a brutal demolition exercise in 2012, the site’s development value is readily apparent.
Of course it is always important to ask, who in particular will benefit from the proposed real-estate venture? Rarely are such projects universally beneficial.
We at least know one core clientele. It was recently announced that the estate ‘will be the venue for the Leaders’ meetings at the Asia-Pacific Economic Co-operation summit in Port Moresby’ slated to take place in 2018.
This is one of the most important multilateral forums in the Asia-Pacific region. If this announcement is true – unlike the partnership with Hilton Hotels – this gives the venture a special strategic importance for the summit’s principal sponsors the PNG and Australian governments.
Although the construction timeframe looks tight, PHDC has announced that the Shenzhen based, Zhongtai company, will collaborate in the development, with Chinese government backing.
The project also evidently has the support of the National Capital District Commission and PNG’s national government. According to PHDC’s website the ‘PNG Government will provide the support through relaxation of import duties and taxes’.
However, over its twenty year lifespan what is perhaps most striking about the Paga Hill Estate is the project’s ability to weather controversy. In 2007 the Public Accounts Committee accused PHDC of acquiring the land through ‘corrupt dealings’.
Five years later the project hit the headlines again after residents faced a brutal demolition exercise, executed by the Royal PNG Constabulary, allegedly at the behest of the company. This event became iconic when the opposition leader, Dame Carol Kidu, was frogmarched from the scene by police officers who had used live ammunition on residents. She argued PHDC was not an appropriate company to be entrusted with Paga Hill (Kidu later retracted her statement, and entered into a consultancy contract with PHDC).
In October 2012 matters got worse when it was reveal that PHDC’s CEO, Gudmundur Fridriksson, has managed or owned businesses censured in investigations conducted by the Public Accounts Committee, the Auditor General’s Office and the Commission of Inquiry into the Department of Finance – seven in total.
The details were covered extensively by the Australian media, although sadly little of the controversy made its way into PNG’s muzzled press. That said, PNG citizens have created a vibrant social media alternative, which became a vital hub for circulating information on Paga Hill.
A month after this expose Fridriksson took leave from an Australian government funded think-tank where he was CEO, evidently to pursue business interests in PNG. His presence has now been wiped entirely from their website.
The wife of prominent Australian indigenous lawyer Noel Pearson – the latter is a key figure behind the think-tank – then disinvested of her shares in PHDC during January 2013.
Despite the turbulence, Papua New Guinea’s O’Neill Government has time and time again rallied behind the venture. Ministers have issued supportive press statements, the government real-estate firm NHEL agreed to partner in the project on a 50/50 basis, and the development is now receiving generous tax breaks.
This is nothing new, from the project’s very inception in 1996 the executives pushing this luxury estate have proven adept at garnering support from some of PNG’s most powerful political forces.
A rejected planning application and Michael Nali MP
The first major challenge to getting the project off the ground was rezoning the land at Paga Hill and obtaining an Urban Development Lease. Back then it was the Paga Hill Land Holding Company (PHLHC) – a precursor to the Paga Hill Development Company – which led the way.
According to Investment Promotion Authority records – Papua New Guinea’s corporate registry – its shareholders included Rex Paki, Felix Leyagon, and the Western Australian company, Fidelity Management Pty Ltd. Its Directors were Rex Paki and Gudmundur Fridriksson.
Fridriksson used the same Perth address as Fidelity Management Pty Ltd in records he submitted to the Investment Promotion Authority for Asigau (PNG) Holdings Limited, a company he owned with his wife, Tau Fridriksson. Initially the landholding company’s Secretary was Tau Fridriksson, according to Investment Promotion Authority records she was replaced on 1 July 1998 by Rex Paki.
Clearly a key player during the project’s start-up period was the Shareholder-Director-Secretary, Rex Paki, who was also the principal of Port Moresby firm Ram Business Consultants. Ram would go on to collect its own share of official condemnation from the Commission of Inquiry into the National Provident Fund, in addition to Public Accounts Committee and Auditor Generals Office investigations.
Despite having up and coming executives at the helm, PHLHC’s initial proposal for a luxury estate at Paga Hill was rejected by the Physical Planning Board in late 1996. The board noted, ‘proper procedures in relation to the processing of Planning applications were not followed’. This seemingly put an onion in the ointment, unless the application was approved, and the land rezoned, the Land Board could not lawfully issue an Urban Development Lease.
However, the company received a major boost in 1997, when its proposal obtained the backing of Michael Nali, the Minister for Civil Aviation, Culture and Tourism. On 27 February 1997 he wrote to PHLHC stating: ‘It give [sic] me pleasure to confirm my full support to your proposed comprehensive mixed use development of Paga Hill … I am prepared to sponsor a submission to the National Executive Council [Cabinet] next month to have the project endorsed as a property of National Significance. It deserves the full support of Papua New Guinea’.
Subsequently, Michael Nali acquired a 9% stake in PHLHC’s successor vehicle the Paga Hill Development Company (PHDC) through Kwadi Inn Limited, which Nali is the sole owner of. However, it should be underlined this occurred in December 2011. By then Nali had lost office.
Yet the importance of Nali’s involvement in 2011 can’t be underestimated. A towering figure from Papua New Guinea’s Southern Highlands, Nali is in business with some of the nation’s most powerful individuals.
Take the example of NIU Finance Limited. According to Investment Promotion Authority records [PDF], Nali’s company Kwadi Inn obtained a significant stake in this company during 2009, joining a select cast of executives and investors.
According to its last Annual Return, the company’s Managing Director is Peter O’Neill, Papua New Guinea’s Prime Minister. Peter O’Neill again appears as the largest shareholder in NIU, through his companies LBJ Investments Limited, and Paddy’s Hotel & Apartments Limited. Another notable shareholder in this enterprise is Piskulic Limited, a company wholly owned by Ken Fairweather, Member of Parliament for Sumkar.
There is no evidence on the public record to suggest either O’Neill or Fairweather have been involved in the Paga Hill Estate. Nevertheless, it is clear Nali circulates in powerful business circles.
And it goes further than this. It appears that Nali had direct business links with PHLHC’s Rex Paki and Felix Leyagon dating back to 1996-1997, the period when he agreed to sponsor the Paga Hill development as a project of national significance in Cabinet.
According to company records kept by the Investment Promotion Authority, on 11 November 1996, a company Waim No.54 Limited, was incorporated. Its two Directors were Rex Paki and Felix Leyagon. The company also had two equal shareholders, the Tourism Minister, Michael Nali and Mary Nali.
In addition to this, Waim No.54 Limited’s registered address was Ram Business Consultants, ADF Haus, Ground Floor, Musgrave Street, Port Moresby, National Capital District, Papua New Guinea. This is the same registered address employed by PHLHC.
If accurate, IPA records suggest Rex Paki and Felix Leyagon were Directors at a company owned by Michael and Mary Nali. Furthermore, Michael Nali’s company, Waim No.54, also shared PHLHC’s registered address.
During this same period, Michael Nali, in his Ministerial capacity agreed to sponsor PHLHC’s proposed Paga Hill property development in Cabinet as a project of national significance, a venture in which Rex Paki and Felix Leyagon were shareholders, with executive involvement from Gudmundur Fridriksson and Paki.
Public Accounts Committee alleges ‘corrupt dealings’
Of course, it cannot be deduced from these facts that the above parties were involved in any wrongdoing. However, in light of a subsequent Public Accounts Committee inquiry, which alleged that the land at Paga Hill was secured by PHLHC through ‘corrupt dealings’, this new link raises questions.
Underpinning the Public Accounts Committee’s concern was the circumstances under which the lease was obtained. For instance the Urban Development Lease was awarded to PHLHC when the land was still zoned open space. Before she recanted, Dame Carol Kidu observed this was in violation of the Land Act 1996, section 67, which declares, ‘a State lease shall not be granted for a purpose that would be in contravention of zoning requirements under the Physical Planning Act 1989, any other law relating to physical planning, or any law relating to the use, construction or occupation of buildings or land’.
Subsequently, PHDC was awarded a full 99 year Business Lease, despite the fact the improvement covenant set out in the Urban Development Lease was not completed as required.
The Public Accounts Committee claimed it was not surprised this covenant remained unactioned. It observed, ‘the Lessee cannot pay the Land Rental and has sought relief from that obligation, much less fund a development of the magnitude required’.
However, apparently this is not the only occasion that a company connected with Ram Business Consultants is alleged to have been involved in illegal land dealings. Those familiar with the Commission of Inquiry into the National Provident Fund Chaired by Judge Tos Barnett, may have had a touch of déjà vu when the name Waim was mentioned.
Ram Business Consultants, Waim No.92 and the NPF Commission of Inquiry
It was another holding company, Waim No.92 Pty Ltd, that was allegedly used to defraud the National Provident Fund – a transaction that saw one conspirator sentenced to six years imprisonment with hard labour. According to the Commission of Inquiry, controversial PNG businessman Jimmy Maladina was the ‘secret owner of Waim No.92 Pty Ltd the shares of which he initially owned through his wife Janet Karl, and an accountant Phillip Eludeme. Ms Karl’s share was later transferred to Phillip Mamando who resided at the Mr Maladina’s residence’.
The Commission of Inquiry alleges that ‘Mr Maladina was responsible for bribing Land Board chairman Ralph Guise and Lands Minister Viviso Seravo, to ensure Waim No.92 was granted the lease of the Waigani Land on very favourable terms’. It continues: ‘The records of the Land Board indicate it notified Waim No. 92 that it had been recommended as the successful applicant and on September 28, 1998, Waim No. 92 received notice that a corruptly reduced purchase price of K1,724,726.10 was payable before title would issue, with annual rent to be K17,000 (instead of the legally correct amounts of K2,866,000 and K143,000 respectively)’.
The Commission of Inquiry claims that Waim No.92 frontman Philip Eludeme acted as a key fixer, ‘prior to the Land Board hearing, Mr Eludeme had approached Minister Seravo seeking favourable consideration for Waim No. 92’s application and, at Mr Seravo’s request, had performed, free of charge, accountancy services for Minister Seravo valued at K100,000′.
According to the company’s annual returns for 1998, Waim No.92’s registered office during this period was Ram Business Consultants, ADF House. While its two shareholders cited above, Philip Eludeme and Phillip Mamando, similarly list their registered office as Ram Business Consultants, ADF House.
During 1998 Maladina’s alleged fixer, Philip Eludeme, was a director of the company Sulawei Limited, along with PHLHC shareholder, Felix Leyagon. Sulawei Limited’s registered address was again Ram Business Consultants, ADF House.
It would thus appear there were multiple links between two networks alleged to have been involved in similar style illicit land deals by the Public Accounts Committee and the Commission of Inquiry into the National Provident Fund, respectively.
The Paki Fridriksson split and the Inquiry into the Office of the Public Curator
The original development vehicle was of course the PHLHC. However, the Auditor General notes in early 2000 its two Directors apparently part ways [PDF], with Gudmundur Fridriksson evidently leaving Ram Business Consultants where he was alleged to have been employed (Fridriksson is PHDC’s current CEO).
Fridriksson was then involved in setting up a number of companies including Anvil Legal Services Limited, Anvil Project Services (PNG) Limited, Anvil Commodities and Trading Limited, Anvil Marine Limited, Anvil Marketing Consultants Limited, and CCS Anvil Limited.
Anvil Project Services (PNG) Limited and CCS Anvil Limited have been censured in the course of inquiries conducted by the Auditor General, Public Accounts Committee and the Commission of Inquiry into the Department of Finance. Perhaps the most controversial of these companies is Anvil Project Services (PNG) Limited, which was awarded lucrative consultancy contracts with the Public Curator’s Office (shortly after Ram Business Consultants lost its contract with the same office).
This award wade made despite the fact the arrangement had been rejected by the Central Supply and Tender Board owing to no public tender – a procedure which is in violation of Papua New Guinea’s Public Finances (Management) Act1995.
The contract went ahead anyway, although it is alleged [PDF] by the Public Accounts Committee and Auditor General, that payments were made out of private estates held on trust by the Public Curator.
According to company records kept at the Investment Promotion Authority, Gomoga Jack Nouairi, the Acting Public Curator at the time which the Public Curator and Anvil began working together, had a 30% stake in Anvil Project Services (PNG) Limited – the remaining 70% was owned by Gudmundur Fridriksson and his wife through the company Asigau (PNG) Holdings Limited.
Nouairi was also Director of Anvil Commodities and Trading Limited, in which Anvil Project Services (PNG) Limited had a 50% stake, and was a 50% owner of Anvil Legal Services Limited, along with Gudmundur and Tau Fridriksson.
Another company implicated in the inquiry into the Public Curator’s Office was Jac’o Business Consultants Limited, a concern owned by its principal Jack Naiyep. Despite being paid K1.5 million by the Public Curator’s Office, the Public Accounts Committee claims ‘there was no evidence that any formal procurement had ever taken place, nor was there any evidence of any formal contract’.
Naiyep and the Fridrikssons were business partners in a separate company they co-owned together, Anvil Business Services Limited. Naiyep also had a stake in Mamaku Mai No.3 Limited. Before the latter company was deregistered it was connected to the family of former Prime Minister Bill Skate. Also of significance is one of the company’s Directors, Paul Wagun.
It was a Paul Wagun who replaced Gomoga Jack Nouairi as Public Curator, and submitted evidence to the Public Accounts Committee and Taskforce Sweep contesting any wrongdoing by his office or Anvil (PNG) Project Services Limited. It cannot be confirmed this is the same Paul Wagun, however, given Jac’o Consultant’s role in the Public Curator’s Office, the overlap is concerning.
Sadly in a subsequent inquiry into this affair by Papua New Guinea’s anti-corruption agency, Investigation Taskforce Sweep, none of these crucial links between Fridriksson, Nouairi, Naiyep and Wagun were acknowledged in its case report, despite being freely obtainable from the Investment Promotion Authority company registry. When these flaws were noted by this author in a report published last year, Investigation Taskforce Sweep threatened to sue for defamation.
Another interesting company set up during this period under the Anvil stable, was Anvil Marine Limited. During its period of operation 2002-2005, the company was owned by Gudmundur and Tau Fridriksson, along with the father and son team, Tom Amaiu and Labi Alex Amaiu. Tom Amaiu is a former Member of Parliament, who was sentenced to five years prison for theft.
His son Labi Amaiu is the current Member of Parliament for Moresby North East, and has patronised PHDC, featuring prominently in the company’s promotional material. He can be seen in this video published by PHDC lauding Gudmundur Fridriksson. Amaiu states he would like to ‘congratulate and thank the CEO of Paga Hill development for a successful venture, this is what we call legacy, and I am proud to be part of that legacy’.
Fridriksson’s companies featured in a number of other inquiries during this contentious period, including the Commission of Inquiry into the Department of Finance. Nevertheless, public condemnation from Papua New Guinea’s anti-corruption agencies has not significantly impacted on PHDC’s grip over the land at Paga Hill.
Paga Hill Development Company’s Southern Highlands Connection
Part of PHDC’s success appears to be linked to its influential stakeholders. It will be recalled that the Urban Development Lease was originally awarded to PHLHC, a company jointly owned by Rex Paki, Felix Leyagon and Fidelity Management Pty Ltd. When the lease was converted into a 99 year Business Lease in 2000, the owner was a new corporate vehicle, PHDC.
The Public Accounts Committee in its inquiry drew attention to this – the recipient of any converted lease, it argued, should have been the initial owner PHLHC. At the time, PHDC was owned by Fidelity Management Ltd Pty, a holding company which shared a registered address in Perth, Australia with Gudmundur Fridriksson. But unlike PHLHC, Rex Paki and Felix Leyagon were not on the share register.
In 2005 ownership of the company changed hands, as Fidelity Management Ltd Pty’s shares were transferred to another vehicle, Anvil Holding Limited. At this time Anvil Holdings Limited was owned by George Hallit, along with Gudmundur and Tau Fridriksson. However, between 2008 and 2011 there were a series of further changes to PHDC’s ownership structure. By the end of it, the Fridrikssons’ apparently divested all their shares in the company. It was PHDC’s lawyer, Stanley Liria, who became the majority shareholder.
Originally from the Southern Highlands, Liria has published a number of legal texts. The first was launched in 2005 by Southern Highlands political heavyweight Peter O’Neill who informed the Post-Courier he would recommend to his ‘parliament colleagues that they buy the newly published book’.
Liria is also commercially linked to a number of high profile Southern Highland politicians. For instance, Liria is Director of Southern Highlands Holding Limited, along with former Minister, Michael Nali, who is also a PHDC shareholder via Kwadi Inn Limited. The sole shareholder of the holding company is the Southern Highlands Provincial Government.
In addition, there is Sharp Hills Investment Limited, a company fully owned by Southern Highlands Governor William Tipi, who entered parliament as an MP for Peter O’Neill’s People’s National Congress party. According to Sharp Hill’s company records, its registered office is Liria Lawyers, a firm which Stanley Liria is the principal of. William Tipi was also formerly a shareholder in Southern Highlands Holding Limited, presumably as a trustee for the provincial government.
Alongside Liria at PHDC is Michael Nali, who through Kwadi Inn, has acquired a 9% stake in the company – although this was reduced to 2% during April 2016. As we have already observed, Nali is in business with Papua New Guinea’s most powerful political players including Prime Minister O’Neill.
Curiously absent though is Gudmundur Fridriksson. Despite being the principal visionary and driver behind the project he has seemingly divested from the company, while retaining an executive role as CEO.
Nevertheless, given the current political gravity in Papua New Guinea, having backers with strong Southern Highlands credentials cannot have harmed the company over the past five years, as it has navigated significant public resistance to its real-estate venture.
All this analysis is rather academic for former Paga Hill residents. Many had their homes, belongings, church and school destroyed through a number of demolition exercises between 2012-2014 (PHDC has only been directly linked to the first exercise in May 2012). The soul and life of the community is captured in a moving song they composed to commemorate the destruction:
As a result of the demolition exercise, the site is now being prepared for the luxury estate which Michael Nali lauded as Minister back in 1997. Twenty years on, as the development is promoted as a host site for APEC 2018, questions still linger over the land transactions that underpinned its inception and a number of executives involved in stewarding this project.
Given the systematic efforts being devoted to censoring a documentary film covering this controversial venture, one senses these questions may encroach on very powerful interests indeed.
Yet whatever happens with Paga Hill, audiences may sense the bell tolls for thee. As a real-estate venture Paga Hill is not unique or exceptional, even if its displaced residents are a very special group indeed.
Around the world cities are transforming through a process of creative destruction, or what geographer David Harvey calls accumulation by dispossession. They are becoming spaces moulded in the image of power, money, corruption and violence.
Indeed, the technical and often highly opaque character of urban governance is a breeding ground for abuse and inequality. It is a matter for wonks, bureaucrats and developers. It needs to be a space of popular, public participation.
The Opposition calls this to our attention. Of course, what we do to confront these dilemmas is the next urgent conversation to be had.
When PNG Blogs exposed the Duma scandal, in which the Minister is alleged to have personally benefited from K50 million paid by the State to relocate the Lancron naval base, it was hard to know where to begin analysing the affair. There were so many angles!
Over the weekend we exposed the corrupt background of the man appointed by the Prime Minister to supposedly investigate the Duma affair – Chief Secretary Isaac Lupari.
Now it is time for another instalment.
It is alleged that one of Duma’s accomplices in the K50 million fraud was Phillip Eludeme and PNG Blogs has suggested that Eludeme received K16.5 million for his role in facilitating the scam.
Eludeme is the Chairman of the Central Supply and Tender Board, arguably one of the country’s most important national bodies. It can either be a guard against corruption if run properly, or a mechanism for corruption if abused.
So who would you appoint to Chair such an important Board, which safeguards hundreds of millions in public money? Probably not one of the leading stars in the National Provident Fund Commission of Inquiry, who is alleged to have supplied a K100,000 bribe to the Lands Minister. But this is exactly what happened.
The scandal centred on, Waim No.92, which on paper was owned by Phillip Mamando and Philip Eludeme. The commission argued both were proxy shareholders for none other than Jimmy Maladina, Chairman of the National Provident Fund. The conspiracy, the Commission of Inquiry argued was to acquire a plot of land in Waigani for a discounted price and then sell it on to the NPF at an inflated sum.
The Commission claims Eludeme was a key fixer in this corrupt deal, ‘prior to the Land Board hearing, Mr Eludeme had approached [Lands] Minister Seravo seeking favourable consideration for Waim No. 92’s application and, at Mr Seravo’s request, had performed, free of charge, accountancy services for Minister Seravo valued at K100,000’. The Commission adds: ‘The records of the Land Board indicate it notified Waim No. 92 that it had been recommended as the successful applicant and on September 28, 1998, Waim No. 92 received notice that a corruptly reduced purchase price of K1,724,726.10 was payable before title would issue, with annual rent to be K17,000 (instead of the legally correct amounts of K2,866,000 and K143,000 respectively)’.
Interestingly, Eludeme’s company at the centre of the NPF Commission of Inquiry, registered office at the time was Ram Business Consultants – Eludeme’s personal registered address was the same company.
Ram Business Consultants was another player at the centre of the NPF inquiry. In addition to this its principal, Rex Paki, was also one of the initial shareholders in the Paga Hill Estate.
National Court records indicate William Duma was involved in a land-grab that will greatly benefit from this proposed ‘tourism city’ at Paga Hill. He has also acted as Director in Malaga No.7 Limited, which is owned by Paga Hill Development Company.
In addition to the NPF scandal, Eludeme also featured in the SABL Commission of Inquiry, owing to his involvement in a company at the centre of the Bewani oil palm and logging scam – a major fraud involving 140,000 hectares of customary land, discussed in detail on PNG Echo blog.
According to the SABL CoI, one of the companies involved in the scam, Bewani Palms Management Limited was owned by Philip Eludeme and he was also a director, alongside Charles Litau, John Wuni and Bob Namah.
It appears birds of a feather flock together.
Minister William Duma informed parliament on Tuesday that he has no links to the company, Kurkuramb Estates, that is the beneficiary of a sweetheart deal worth K46.6 million to purchase land for a PNG Defence Force naval base.
PNG Blogs originally broke this story with some astute detective work.
However, Duma’s attempt to wriggle out of the scandal, by claiming no connection to Kurkuramb Estates is futile. This network map shows the intimate connection between the two:
We can also reveal this is not the first time that Minister Duma has been implicated in a potentially corrupt land deal.
In a Judicial Review case before the Supreme Court in 2012, the company Noko 96 claimed that Duma’s company, Kopana Investments Limited, acquired their 5 state leases over harbourside land at Paga Hill, Port Moresby. The Supreme Court, noted with suspicion that in a short space of time the then Lands Minister Puka Temu:
- forfeited five State Leases held by Noko; and
- after forfeiting the leases, exempted the land to which they related (five blocks at Paga Hill, Port Moresby) from advertisement; and
- granted new State Leases over the land to Kopana Investments Ltd, a company owned and controlled by the then Minister for Petroleum and Energy, Hon William Duma MP.
The court presented the suspicious timeline underpinning this sweetheart deal given by one member of Cabinet to another:
27 March 2009
Notice to show cause why leases should not be forfeited, posted to Noko.
27 April 2009
Kopana submitted applications regarding land covered by Noko’s five State leases to the Land Board.
1 July 2009
Department of Lands and Physical Planning sent reminder notice to Noko.
3 Sept 2009
Forfeiture notices published in National Gazette.
14 Sept 2009
Minister exempted land from advertisement.
29 Sept 2009
Land Board recommended leases be granted to Kopana.
12 Nov 2009
Publication in National Gazette of Kopana as successful applicant.
Five State Leases (previously held by Noko) granted to Kopana.
This all came at a very convenient time. Another company censured for its corruption, Paga Hill Development Company – led by Gudmundur Fridriksson – had just acquired a 99 state lease over a 13.7 hectare neighbouring property. The lease was issued on 03/04/2009. This, of course, is the developer who promises to build a ‘tourism city’, complete with 6-star hotels and a commercial grade marina, prepped and ready for APEC 2018.
Three weeks after the PHDC lease is issued, Duma, the ever astute businessmen, begins steps to acquire waterfront land which would be needed for this mega-development worth K3 billion.
Despite the suspicious circumstances and the court revelations, an inside source claims Duma still retains ownership of the prime Paga Hill land. And look who served as a Director at Malaga No.7 Limited – a vehicle owned by the Paga Hill Development Company. You guessed it, Minister Duma!
It appears winners are grinners. No wonder 8 million Papua New Guineans are frowning right now!
Justice prevails with injunction on The Opposition rejected by court – however new legal threat looms
Source: Media Stockade
The Supreme Court of New South Wales today released the full judgment of 8th July 2016, unequivocally dismissing former Papua New Guinean politician Dame Carol Kidu’s claim for a permanent injunction preventing filmmaker Hollie Fifer, Media Stockade and Beacon Films from screening the documentary The Opposition.
On 20 March 2016 Carol Kidu sought to exclude her appearance and dialogue in the film by seeking an injunction restraining the distribution of any visual or audio recording of herself or any summary, representation or description that has the effect of revealing that content. Her legal case was supported by the Paga Hill Development Company (PHDC).
The judgment reads:
When one views the extreme weaknesses of the Plaintiff’s (Dame Carol Kidu’s) claim that she did not know on and from 7 March 2012 that Ms Fifer was hoping to make a documentary for public exhibition rather than a student assignment (whatever it’s topic) the impression gained is that the Plaintiff is prepared, for her own benefit and that of PHDC to say anything to stop the footage taken of her by Ms Fifer being broadcast.
Download the full judgement (1.4MB) Kidu v Fifer
Director Hollie Fifer said, “we are relieved that justice has been served and that audiences around the world will be given the opportunity to see The Opposition and the important story of The Paga Hill Community.
“The Paga Hill Community is filing for damages in the PNG Courts for the loss of their homes and human rights violations. The Opposition is also their evidence base because most of their documents were destroyed during numerous demolition exercises that were carried out at Paga Hill,” said Ms. Fifer.
“This legal conflict has been an extremely stressful time and has disrupted release plans for The Opposition, nearly derailing the film and the important issues it speaks to,” said the film’s producer Rebecca Barry. “We are grateful that we now have the film back in its entirety.”
However, a new legal threat now looms in an attempt to further suppress the film. The court’s temporary injunction of footage featuring Carol Kidu, forced the filmmakers to screen a redacted version at Hot Docs International Film Festival in Toronto in May 2016. The redacted version of the film features narration over the censored footage by Australian actress Sarah Snook.
Just hours after the Hot Docs International Film Festival premiere of the film, independent production companies, Beacon Films and Media Stockade received further legal demands over the film.
Paga Hill Development Company (PHDC), CEO and Director Gudmundur Fridriksson, PHDC director Stanley Liria and former PHDC director George Hallit are demanding all further screenings of the film are immediately ceased due to claims of defamatory imputations.
This is the second legal action taken against the film. The new legal demands were issued within hours of the film’s first screening.
“It would seem that there are powerful forces who don’t want this film to be seen, but we believe that audiences should have the right to make up their own minds. This story is too important not to be told,” said Ms Barry.
The Opposition tells the story of a David-and-Goliath battle over land in Papua New Guinea. It follows Joe Moses, one of the leaders of a four-generation strong settlement in Port Moresby who must save the community before they are evicted off their land. Battling it out in the courts, Joe may find their homes replaced with an international five-star hotel and marina being developed by the Paga Hill Development Company (PNG) Limited. The film highlights the massive gap between law and justice.
#TheOpposition #FreedomOfSpeech #LettheAudienceDecide
Visit the film website at: http://www.theoppositionfilm.com
Some key points from the Supreme Court of NSW Judgment:
The judge said that there were a number of factors which led him to have real concerns about the Plaintiff’s credibility including:
- When faced with emails and SMS messages sent by Ms Fifer to the Plaintiff which contained material destructive of the Plaintiff’s contention that she thought Ms Fifer was only ever involved in a student assignment – the Plaintiff sought to assert that she had not properly read, or appreciated the content of those emails.
- When conversations which were inconsistent with the Plaintiff’s case that she did not know that Ms Fifer was engaged in making a documentary and not simply making a student assignment were drawn to her attention – the Plaintiff asserted she said that she did not recall them.
- The Plaintiff asserted in correspondence that she had never given written consent even though she had signed such a document (a release form) and had in July 2012 been reminded by Ms Fifer that she had.
Some of the findings of facts include:
- That from 7 March 2012 the Plaintiff was fully aware that Ms Fifer would be taking footage for a documentary that Ms Fifer hoped she could broadcast to the public and that the Plaintiff was positive about that idea at least until July 2012 and as far as Ms Fifer knew until at least late 2013.
- That by December 2013 the Plaintiff had in contemplation entering into a contract with PHDC using a company controlled by her and that in March 2014 her company entered into a contract with PHDC, by which it was to receive the equivalent of approximately $A178,000 (from which her company would need to make payments to subcontractors.)
- That the Plaintiff invited Ms Fifer to film at Six Mile (the proposed resettlement site) and told her that PHDC would pay for that filming and that she offered to organize a UN Media award for Ms. Fifer.
Ms. Fifer, Media Stockade and Beacon Films were represented by Barrister Richard Potter, Junior Barrister Mark Maconachie and Solicitor Peter Bolam from legal firm Broadley Rees Hogan.
Source: Heath Aston, Sydney Morning Herald
A documentary about the forced eviction of 3000 squatters from a shanty town in Port Moresby can be shown after a court threw out a legal challenge by one of the film’s central figures, Dame Carol Kidu, the Australia-born former opposition leader of Papua New Guinea.
The Opposition delves deep into the David v Goliath battle over a slice of Papua New Guinean paradise.
In a damning finding for the revered politician, Supreme Court Justice Nigel Rein has questioned Dame Carol’s credibility as a witness and dismissed her claim that she thought she was taking part in a school assignment and did not know that novice Australian filmmaker Hollie Fifer was producing a feature documentary to be shown all over the world.
The 77-minute documentary, The Opposition, revolves around the day in 2012 when an Australian-linked company sent in bulldozers, accompanied by armed PNG police, to raze the historic shanty town on Paga Hill.
The development company is transforming the $300 million harbour front site into a hotel and marina precinct that could play host to the 2018 APEC leaders’ summit.
In 2012, Ms Fifer followed Dame Carol into Paga Hill, located in her electorate, as the politician pleaded unsuccessfully with police to stop people’s homes being bulldozed.
Footage shows her telling police: “This is not an eviction, it’s a demolition . . . why should some f—-g foreign company get our hill?”.
But by late 2013, the landscape had changed fundamentally.
Having retired from politics, Dame Carol, had been hired as a consultant to Paga Hill Development Company, owned by Australian-Icelandic businessman Gudmundur “Gummi” Fridriksson, a former chief executive of Noel Pearson’s Cape York Institute, who lives in Cairns.
Dame Carol later presented the company with a letter in which she formally resiled from her criticism of the eviction, saying: “In hindsight, Paga Hill Development Company’s efforts to achieve harmonious resettlement have been genuine”.
“Please accept this letter as my formal notification that I no longer stand by my 2012-2013 statements, which were based on the limited information at the time,” she wrote.
It came out in the hearing that Dame Carol had been paid $178,000 for work with Paga Hill and the company had paid $250,000 to run her case against Ms Fifer.
The case to permanently block the documentary being shown was based on Dame Carol’s claim she had agreed to be filmed as part of what she thought was a film school assignment rather than a commercial documentary venture.
Evidence was produced during the trial of multiple emails and text messages in which Ms Fifer told Dame Carol about seeking ABC funding and the politician also signed a release form that Ms Fifer needed to obtain film funding.
In a stinging verdict, Justice Rein noted: “When one views the extreme weaknesses of [Dame Carol’s] claim that she did not know on and from March 7, 2012, that Ms Fifer was hoping to make a documentary for public exhibition rather than a student assignment (whatever its topic) the impression gained is that [Dame Carol] is prepared, for her own benefit and that of PHDC, to say anything to stop the footage taken of her by Ms Fifer being broadcast.”
“In my view, the plaintiff’s assertion that she was not informed by Ms Fifer of her wish and intention to make a documentary quite unconnected with the student assignment … is without any foundation whatsoever,” Justice Rein found.
He said there were “several indications” that Dame Carol was angry with the documentary quite removed from the issue of her consent.
Those included that “she feels that some people will, or do, think that she ‘sold out’ her former constituents at Paga Hill by joining forces with PHDC and receiving payments for her service”, he noted.
In a statement issued by producers Media Stockade and Beacon Films, Ms Fifer said she was “relieved that justice has been served and that audiences around the world will be given the opportunity to see The Opposition“.
“The Paga Hill community is filing for damages in the PNG courts for the loss of their homes and human rights violations. The Oppositionis also their evidence base because most of their documents were destroyed during numerous demolition exercises that were carried out,” she said.
The documentary, which received funding from Screen Australia and Screen NSW, will be shown at a number of international film festivals.
On Thursday, Dame Carol said she was disappointed with the verdict and still believed the documentary only told “part of a much bigger story” and that the majority of settlers had agreed to move and accept a new block of land elsewhere.
“I was disappointed but I accept the decision of His Honour,” she said.
Read the full judgement: Kidu v Fifer (pdf file 1.4MB)
In 2012 Dame Carol Kidu became the public face for the struggle to save Paga Hill from real-estate developer, PHDC, a company which is led by Icelandic-Australian businessmen Gummi Fridriksson.
Kidu’s 2012 stance was not surprising, Fridriksson had run businesses censured in a Commission of Inquiry, four Public Accounts Committee inquiries, and two Auditor General investigations. Quite a record by any stretch! Kidu damned the land deal at Paga Hill for being mired in alleged corruption and violence.
Kidu’s fully owned company CK Consultancy Limited was subsequently offered a lucrative consultancy deal by PHDC. To the shock of many, Kidu took the deal, and became the public face for Gudmundur Fridriksson and PHDC’s luxury real-estate venture at Paga Hill.
All of the twists and turns of the struggle to save Paga Hill were captured by documentary filmmaker Hollie Fifer. This year Dame Kidu, with funding from PHDC, attempted to silence the film [view the trailer below], through a legal action in the New South Wales Supreme Court.
Last Friday, the Supreme Court definitively rejected Dame Kidu’s argument that Fifer had used deception and acted unconscionably. The injunction against the film has been lifted, the world will now hear about an epic Papua New Guinea struggle against foreign businessmen and the political elite!
The Opposition has premiered at the prestigious Hot Docs festival in Canada. It tells the story of a fearless PNG anti-corruption fighter Joe Moses, and the inspiring residents of Paga Hill.
They squared up to the Paga Hill Development Company, a company whose CEO, Gudmundur Fridriksson, has featured in no less than seven anti-corruption inquiries.
The documentary premiered despite efforts by Dame Carol Kidu to silence the film in the Australian courts, an action that was bankrolled by the Paga Hill Development company, who also contracted Kidu’s consultancy firm CK Consultancy Limited.
Reviewers are giving the film 5 stars!! The rolling coverage can be read here: