Papua New Guinea’s Supreme Court in Port Moresby has ordered the release of 52-year-old Italian citizen, Carlo D’Attanasio after a successful appeal.
The Supreme Court overturned the National Court’s decision, following an appeal by D’Attanasio through his lawyer David Dotaona against the State.
The court found that the original verdict, which convicted D’Attanasio, was unsafe and unsatisfactory.
The State’s Allegations
According to the State, D’Attanasio, a 52-year-old Italian national, was jointly accused with three other Papua New Guineans of knowingly concealing 611 kilograms of cocaine between February 1, 2020, and July 26, 2020. The cocaine was valued at two-hundred-million-kina (K200,000,000).
The State alleged that D’Attanasio and his co-accused, Morgan Mogu, met in 2018 in Milne Bay.
In early 2020, Mogu was told of a “big job” coming up, and in March-April 2020, a yacht would drop off cargo at Kupiano, Central Province. The co-accused allegedly transported the packages to Papa-Lealea in Central Province towards the end of July 2020, to be loaded onto a small plane.
On July 26, 2020, another accomplice, John Cutmore, landed a small plane at a makeshift runway. The plane crashed upon take-off, and the group removed the cocaine packages and hid them in the bush.
The Original Trial and Conviction
At the trial, the State relied on 137 exhibits of tendered evidence, including records of interviews with the four accused. There was no oral testimony, and all accused, including D’Attanasio, remained silent.
After hearing submissions, the trial judge accepted the State’s allegations and convicted the four accused of money laundering.
Grounds for Appeal
The appellant, Carlo D’Attanasio, decided to appeal the National Court’s decision. His grounds of appeal, presented by his lawyer David Dotaona, argued that the trial judge erred in law and fact in two respects:
First, by misinterpreting the elements of the offense, when the state’s allegations, even if sustained, did not support a conviction under section 508B(1) and second, by entering a conviction in the absence of sufficient admissible evidence, specifically that:
- The State’s case was based entirely on tendered evidence without oral testimony.
- Reliance was placed on uncorroborated evidence from a sniffer dog’s search of D’Attanasio’s yacht.
- The trial judge misapplied the principles of circumstantial evidence by not assisting a reasonable and innocent explanation of evidence tending to implicate D’Attanasio in his record of interview, and
- Evidence from co-accused was used against the appellant, contrary to the principles of accomplice evidence.
Key Evidence and Timeline
According to the determination of the appeal, D’Attanasio admitted to sailing his yacht, MV Badu, from South America.
According to records, D’Attanasio sailed to the Royal Papua Yacht Club marina on March 26, 2020. Due to COVID-19 protocols, he was told to anchor in isolation for 14-days.
Between April 9 and 14, 2020, D’Attanasio made repeated requests to come ashore via radio. He completed documentation at the Royal Papua Yacht Club mid April 2020, and the yacht was cleared by Customs on April 20, 2020.
Due to COVID-19 protocols, Customs did not search the yacht.
D’Attanasio’s passport had expired on March 7, 2020.
In early July 2020, D’Attanasio informed the Royal Papua Yacht Club that he intended to go to Alotau.
On July 26, 2020, the plane piloted by John Cutmore crashed at Papa-Lealea.
On 27th of July, 2020, Cutmore surrendered himself to the Australian High Commission, and was interviewed by Police on July 30, 2020.
Also on July 30, 2020, D’Attanasio’s co-accused were arrested, and 28 bags of cocaine located in the bush. That same day, D’Attanasio sought clearance to depart for Bali on August 1, 2020. Clearance was issued on the morning of August 1, but the vessel did not depart.
On August 3 and 4, 2020, a search of the MV Badu by police and customs, with assistance from a sniffer dog, indicated four areas of interest within the yacht. A small quantity of cocaine, 50 grams, was found in a plastic bag. However, no comparison was made between this cocaine and the 28 bags found at Papa-Lealea.
Supreme Court’s Decision
The Supreme Court determined that this was a “borderline case” due to the unclear disputed facts. The court found that while the circumstances were suspicious, the evidence was not strong enough to exclude a rational inference other than D’Attanasio’s guilt.
The three-man bench, comprising Justice David Cannings, Peter Toliken, and Teresa Berrigan, ruled that the conviction of the 52-year-old Italian citizen by the National Court was unsafe and unsatisfactory.
The court ordered that D’Attanasio’s appeal be allowed, the conviction quashed, and a verdict of not guilty substituted.
The decision was handed down in Waigani, National Capital District, on Thursday, July 31, 2025.
The now-free Carlo D’Attanasio, who is currently hospitalized with colorectal cancer, thanked his lawyer, David Dotaona, and expressed faith in PNG’s justice system. He is in close communication with the Italian Embassy to arrange his return home.
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