By Jacob Pok, Post Courier

THE Prime Minister, his Ministers and all MPs with political privileges cannot comment on any commission of inquiry (CoI) report unless it is officially tabled in parliament and made public. 

That’s the official position of the three commissioners heading the CoI into the Special Agriculture Business Leases (SABLs).

The commissioners, comprising Chief Commissioner John Numapo, Alois Jerewai and Nicholas Mirou, expressed dismay over the criticisms leveled against them in parliament and through the media regarding the interim report on the SABL inquiry. 

“We consider the criticisms as premature and unwarranted as we understood that the interim report which has been criticised has not been formally tabled in parliament for debate and comments,” the commissioners said at a joint press conference in Port Moresby yesterday.

“Besides, the report is only an interim report and we feel that the criticisms at this point in time is unfair, especially when the final report covering the entire inquiry with all our findings and recommendations is yet to be presented,” they said. 

The three commissioners referred to the disappointment expressed by Prime Minister Peter O’Neill in parliament on Monday.

Mr O’Neill told parliament that the SABL inquiry took 18 months at a cost of about K15 million but only an interim report which covered only three of the 16 terms of references (TOR) were presented to him. 

Justice Minister and Attorney General Kerenga Kua also criticised the work of the three commissioners, labeling it as poor and far below the standard of senior lawyers.

In responding to the criticisms, Mr Numapo said it was not proper for Mr Kua as a former senior lawyer to use his parliamentary privilege to attack them without giving them the opportunity to explain.

“We can be criticised and judged on our performances once the full report is presented and we call on Mr Kua to retract his words,” Mr Numapo.

He said that the full and final report would be completed at the end of next month.

Mr Jerewai also expressed disappointment over the criticisms by Mr Kua on their efforts. He said the inquiry cost K8 million and not K15 million as alleged. 

“For Mr Kua on his criticism towards our professional integrity, and as a former senior lawyer of our jurisdiction and in the short time he had been in politics, he may have forgotten the protocol of the legal profession and those provided under particular laws, which in this case, is the CoI Act,” Mr Jerewai said.

He said it was inappropriate for Mr Kua to criticise them in terms of the contents of the interim report when it was yet to be properly tabled in parliament. 

“We have clearly and explicitly stated in the interim report and also in our letter to the Prime Minister dated March 4, 2013 that the interim report only covers three out of a total of 12 TORs given to the CoI into SABL.

“The final report will include a recap of the interim report, including the individual reports and findings on each of the 77 SABLs with final recommendations covering the entire inquiry,” commissioners said. We have a responsibility to deliver the final report and will not be intimidated by any criticisms,” the senior lawyers said. 

They said a number of intervening events and factors that disrupted the inquiry include: 

• The initial allocation of three months to the CoI to complete the inquiry was inadequate, given the enormity of the task and despite further extension of another three months, this was still considered to be insufficient given the fact that 77 SABLs were located in 14 different provinces which required extensive travel and hearing of evidence. 
• Failure by government agencies responsible for the administration of SABLs to produce files and present documents in time to assist the inquiry.
• Lack of funds and resources to the CoI has contributed to the delay as funds given to the CoI in ‘drips and drabs’ was only K8 million and not K15 million as reported. 
• The political impasse last year that resulted in the closure of the gate of the Government Printing Office where the CoI is housed. 
• The inquiry was moved out of the CoI office into the Sir John Guise stadium when the Rabaul Queen sinking inquiry commenced. Staff members were also taken away to assist the Rabaul Queen inquiry. 
• Christmas and New Year periods with staff going on leave and public holidays meant the CoI could not do any work. 
• * Other administrative and logistical reasons had also contributed to the delay in completing the final report.