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Vanuatu MPs guilty on bribery charges

Saturday 10 October 2015 | Published in Regional

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PORT VILA – A Vanuatu court has found the nation’s deputy prime minister Moana Carcasses and 13 other government MPs guilty of bribery charges.

Carcasses was alleged to have made cash payments amounting to 35 million vatu (A$452,000) to his fellow MPs last year, when they were all in opposition.

Carcasses has admitted to offering loans to MPs from his own funds, but denies they were bribes to lure support for changing government through a vote of no confidence.

A total of fifteen politicians faced charges under the penal code on Friday. The only MP to be found not guilty was Robert Bohn, who was acquitted.

In September, Vanuatu Finance Minister Willie Jimmy was convicted on both bribery charges, for breaching the leadership and penal codes, after entering a guilty plea.

All but Jimmy entered pleas of not guilty.

Carcasses insisted the payments were given as development loans for the MPs constituencies.

Defence counsel John Malcolm unsuccessfully argued that the prosecution failed to prove bribes were corruptly offered.

Malcolm claimed that the prosecution failed to provide any law or precedent in terms of bribery as to what a “corrupt offer” was.

He argued that there was no evidence suggesting that Carcasses offered cash in brown envelopes to MPs.

But the presiding Justice Mary Sey did not accept that defence.

She said the payments were “corruptly made and corruptly received” and designed to influence the MPs in their capacity as public officials.

After the decision, Carcasses said outside court the conviction would be appealed. He also urged for calm in the nation.

Police sources say officers were been deployed amid rumours that there is a risk of a riot.

Several hundred people gathered outside the court compound to await the result, and security was tightened in the capital, Port Vila, on Friday. Some schools were closed.

A paramilitary police rapid response unit was also placed on standby for signs of possible unrest.

Local reports say Prime Minister Sato Kilman asked local chiefs to be on the alert and “take precautionary measures” to ensure the safety of people in Port Vila.

Two other MPs were earlier given immunity to appear as witnesses of the public prosecutor in the case.

On Thursday in a separate court, Vanuatu’s chief justice Daniel Fatiaki ruled that the ombudsman’s preliminary report into the bribery charges in relation to a second charge under the leadership code be ruled null and void, and thus not admissible in evidence.

It is understood that the ombudsman failed to give the MPs a right of reply on the preliminary report before recommending the prosecutor lay charges.

Vanuatu politics is often paralysed by no-confidence motions and a high turnover of its leadership, with the money alleged to have been used to procure support before an attempt to remove the then-prime minister Joe Natuman.

A no-confidence motion succeeded in removing Natuman, who oversaw the relief work following Cyclone Pam, in June.

Proceedings will resume next week for sentencing.