Former Livestock Development Corporation boss Robin Hundupi has been committed to stand trial in the National Court over allegations of defrauding the state.
Lawyer representing Hundupi told Magistrate Paul Puri Nii that his client has chosen not to give a Section 96 response when the matter returned to the Waigani Committal Court on Wednesday (13/11/24).
The Magistrate then proceeded in ordering that the case will now go to trial at the National Court.
Hundupi was arrested by police Fraud Squad and charged with Conspiracy to Defraud and Misappropriation of Property.
Police alleges that between 1st and 31st of December 2021, the defendant aged 52 conspired with former Department of Agriculture and Livestock acting Secretary, Stephen Mombi to defraud Livestock Development Corporation a sum of K60 337.47 by submitting a bogus claim.
Police further alleged that the defendant used the money for his own personal use.
Hundupi through a submission to the Committal Court filed on the 1st of August 2024, argued that the court on 16th November 2023 had struck out the charges of Conspiracy to Defraud because the evidence was insufficient.
He maintained that the payments made to him were legal and there was no fraud or dishonesty in the payment.
Despite his claims, nine witnesses including former Agriculture and Livestock Ministers Benny Allan and John Simon submitted that the defendant was occupying the position through an acting appointment.
He was given a 6-month contract but his contract was never renewed as his appointment as acting Managing Director of LDC in 2018 was done illegally, and without the knowledge of the portfolio Minister at the time.
Under the LDC company constitution the Minister as the trustee shareholder of LDC is the only one who can appoint directors including the managing director.
Witness Steven Yangis, who is the Operations Manager at Livestock Development Corporation said the defendant’s entitlements were calculated to K24 471.91 and was paid to him. The defendant then allegedly conspired with others and paid himself K60 337.49.
Magristrate Nii ruled that there is enough evidence for the matter to be tried at the National Court.
In his ruling, Nii said by looking at the evidence, the defendant was a former employee of the former Department of Agriculture and Livestock however he was retrenched by the new management.
He said all police evidence is saying the defendant was not entitled to K60 337.49, his entitlement was K24 220.12 which was already paid to him.
“Defendant says although he was paid the K24 220.12, he was also entitled to K60 337.49.
“If the defendant was entitled to K60 337.49 as his finish pay then why was that amount never paid and instead K24 220.12. Moreover the defendant never says K24 220.12 was part of the total payment he received in which K60 337.49 was the balance pending payment which was paid later.”
