Convicted lawyer Paul Paraka, has been sentenced to 20 years imprisonment based on the Principle of Totality.
The Waigani National Court ordered a 10 year jail term for Paraka on each of the five counts he was convicted for.
However, Justice Teresa Berrigan applied the Principle of Totality, and sentenced the 54-year-old to serve 20 years behind bars.
“The Principle of Totality requires a judge who is sentencing an offender on a number of offences, to ensure that the totality or agrivated sentence of the appropriate sentences for each sentence is just and appropriate for the totality of the criminality,” said Justice Berrigan.
Paraka, the principle lawyer of the Paul Paraka Law firm, was found guilty by the Waigani National Court on five counts of misappropriating of state monies totaling K165 million.
The National Court found that between 2007 and 2011, Paraka procured a person or persons within the Department of Finance to dishonestly apply monies to his own use and the use of others.
This was done through 65 cheques over a period of five years starting in;
- 2007- K30, 300 000, million
- 2008 K30, 054 312.68 million
- 2009 K14, 480 672 million
- 2010, K39, 808 610 million
- 2011 – K47, 608 300 million.
That money was never recovered.
During the trial, the State submitted that each of the offence was unprecedented in size in the history of Papua New Guinea and submitted that the maximum penalty must be given.
The state argued that the offence was perpetrated over a period of five years and not a spur of the moment.
It was highly a complete scheme demonstrating careful planning as seen in the number of years through the use of law firms in the pretext of court orders (OS 876/2006) in which the offender was a party and transferer of monies to the accused’s law firm and company accounts.
In Paraka’s submissions, he argued that the verdict on conviction was wrong and a sentence cannot be passed.
Paul Paraka had submitted that Justice Berrigan hold her decision on the sentence and allow him to appeal the verdict at the Supreme Court.
He further submitted that the sentence be wholly suspended due to his heart problems and said he could have lost his life through this case. Paraka added that his doctor says he is at risk of heart attack.
However when considering the submissions, Justice Berrigan rejected Paraka’s submission that sentences should not be passed.
“He is entitled to maintain that the verdict is wrong, but for reasons previously given, the right place for those contentions is before the Supreme Court,” said Justice Berrigan.
She continued her judgement saying, it is her view that the courts must strongly condem dishonest offences by lawyers.
Berrigan said it was an elaborated scheme conducted by multiple transactions and the use of the offender’s own property investment company and other multiple law firms through which the payments were funnelled for each of the five consecutive years the offence took place.
The judge said it (offence) demonstrated careful planning and a calculated design to avoid detection and distance the offender from the monies.
“It must also be recognized that a offence of such scale against public finds have the potential to tarnish Papua New Guinea standing at the international level, “said Berrigan.
After careful consideration from submissions from both the state and the defense, Justice Berrigan ruled that Paraka be sentenced to 20 years in prison and will serve his time at the Bomana Correctional Service.
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