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Alleged Bribery by Mr Iarris Naudun to Obtain Residency Status for Mr Patrick Jenny [2002] VUOM 10; 2002.12 (14 October 2002)

REPUBLIC OF VANUATU

OFFICE OF THE OMBUDSMAN

PMB 9081
Port Vila
Vanuatu

PUBLIC REPORT

ON THE

ALLEGED BRIBERY BY
MR IARRIS NAUNUN TO OBTAIN
RESIDENCY STATUS FOR
MR PATRICK JENNY

14 October 2002

8516/2002/12

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PUBLIC REPORT

ON THE

ALLEGED BRIBERY
BY MR IARRIS NAUNUN
TO OBTAIN RESIDENCY STATUS
FOR MR PATRICK JENNY

SUMMARY

The Ombudsman is issuing this Public Report to illustrate how some leaders could improperly use their positions and status for personal gain. This report has shown one such example of how, Mr Iarris Naunun ('Mr Naunun'), who was then Second Secretary in the Ministry of Economic Affairs used his position and office for personal gain.

Mr Patrick Jenny ('Mr Jenny') arrived in Vanuatu on 19 March 1997 from Noumea on a Tourist Visa. He met an Australian woman and decided to apply for a residency permit.
Mr Jenny sought assistance from Mr. Richard Bondier ('Mr Bondier'). Mr Bondier introduced him to Mr Naunun at his residence.

They had two meetings. During the first meeting, Mr Naunun indicated to Mr Jenny that he expected a 'gesture' from Mr Jenny if he assisted him to get his residency permit. Mr Naunun gave an Immigration Application form to Mr Jenny to fill. Mr. Bondier proposed the amount of VT100.000. Mr Naunun did not specify the exact amount, but insisted that he be paid an amount of money to assist him with his electoral campaign.

At their second meeting, Messrs Bondier and Naunun pressurized Mr Jenny to pay the amount requested. Mr Naunun insisted that Mr Jenny should give him the entire sum of VT100.000 in cash. Mr Jenny refused this amount and signed a cheque for only VT50.000. Mr Naunun insisted to accompany Mr Jenny to his place where he requested his wife, who had a small business, to hire some friends. Mr Naunun also implied that he would facilitate her business.

Mr Jenny realized that he was making the most serious mistake of his life. Two hours after he signed the cheque, Mr Jenny contacted Mr Bondier and told him that he no longer required their assistance. He would follow the normal procedures to obtain his residency permit. He contacted the Banque d’Hawaii to stop them paying the cheque but Mr Naunun had already cashed it.

Mr Jenny met Mr Naunun the next day and asked him to reimburse the amount. Mr Naunun explained to him that he had already used the money to pay for his election fees, and promised to reimburse the money as soon as possible.

This enquiry found that at that time, Mr Naunun was not authorized by the Principal Immigration Officer to process immigration documents. He may have been illegally in possession of the Residency Permit forms. He was also found to have breached Section 73(1) of the Penal Code by corruptly accepting or attempting to obtain, a bribe for himself in respect of an act done by him in his official capacity as a Political Secretary.

Mr Naunun was also found to have breached section 22 of the Immigration Act. He purposely assisted Mr Jenny so that he may gain for his services. He did this act with an intent to deceive the Immigration Authorities in order for him to gain personally for his services. Mr Naunun tried to interfere with the normal procedure for a person to be granted a Residential Permit when he used his position in the government for personal gain when he asked Mr Jenny to pay him Vt50,000.

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TABLE OF CONTENTS

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1. JURISDICTION

1.1 Pursuant to Articles 62(2) of the Constitution and Section 11(1) of the Ombudsman Act, the Ombudsman has jurisdiction to enquire into the conduct of government officers and their alleged corrupt practices. This includes the conduct of former Political Secretary, Mr Naunun (a former Member of Parliament) in attempting to interfere with legal and official Government procedures to acquire residency permit for someone whom he used for personal gain. The Ombudsman also has jurisdiction to investigate actions that are done contrary to the law.

2. PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED

2.1 The purpose of this Public Report is to present Ombudsman’s findings as required by the Constitution and the Ombudsman Act.

2.2 The scope of this investigation is to establish the breaches of Laws.

2.3 This Office collected information and documents by informal request, summons, letters, interviews and research as may be required.

3. RELEVANT LAWS, REGULATIONS AND RULES
   

CORRUPTION AND BRIBERY OF OFFICIALS

The full text of all relevant laws are attached at the end of this report. (See Appendix F)

THE PENAL CODE (CAP 135)

THE IMMIGRATION ACT (CAP 66)

Mr Naunun is also in breach of Section 73(1) of the Penal Code Cap 135 by committing a criminal offence of 'Corruption and Bribery of Officials'.

4. OUTLINE OF EVENTS

4.1 On 19 March 1997, a Swiss national named Patrick Jenny (Mr) arrived in Vanuatu from Noumea on a Tourist Visa and lived here for some time. He met an Australian lady and he decided to extend his visit in Vanuatu.

4.2 In November 1997, Mr. Jenny then sought advice for residency permits from Clayton Utz who advised him to see Mr Stan Uren at the Global Management Services for assistance.

4.3 In early February 1998, Mr Jenny talked to Mr Bondier about his plans to apply for a residency permit. Mr Bondier told him that he knew someone who could assist him get his residency permit. Mr Bondier introduced Mr Jenny in one of their arranged meetings to Mr Naunun. Mr Naunun was then the Second Secretary in the Ministry of Trade. Mr Naunun indicated to Mr Jenny that he could only assist him if he assisted him with his campaigns for the National Election in March 1998. So Mr Bondier made a proposal that Mr Jenny pay Mr Naunun VT100.000 for his assistance.

4.3 On 9 February 1998, another meeting was held at Mr Bondier’s house where a letter was prepared and faxed to Dr Henz Egli, Vanuatu Consulate in Switzerland. During this meeting, Mr Naunun and Mr Bondier pressured Mr Jenny to give Vt100.000 to
Mr Naunun. However, Mr Jenny only signed a cheque for VT50.000. (See Appendix A).

4.4 After Mr Jenny arrived home, he changed his mind about the arrangement he was making with Mr Naunun for his residency permit. He decided that he would follow the proper procedure to obtain a residency permit. He then phoned the Banque d’Hawaii to stop them from paying Mr Naunun but they advised that they have already given money to Mr Naunun.

4.5 On 10 February 1998, Mr Jenny found Mr Naunun and demanded his VT50.000 back. However, Mr Naunun said that he had used the money to pay for his candidate fee for the 1998 national election, and promised to pay him back later.

4.6 On 17 February 1998, Mr Jenny applied for permit to enter and reside in Vanuatu. (See Appendix B).

4.7 On 4 March 1998, Mr Jenny lodged a complaint to the Office of the Ombudsman regarding the matter.

4.8 On 9 April 1998, Immigration wrote to Mr Jenny informing him that his application is refused based on the report of the Federal Police authorities in Berne. (See Appendix C).

Mr Jenny made an appeal against the PIO’s decision to the Minister of Justice through the First Secretary, Peter Taurakoto ('Mr Taurakoto'). Mr Jenny’s girlfriend and a former Tour Vanuatu bus driver Sam from Tanna approached Mr Taurakoto regarding the matter. By then Mr. Jenny had traveled out of Vanuatu.

4.9 On 5 May 1998, Mr Taurakoto sent a letter to the PIO informing him of the Minister’s approval of Mr Jenny’s residency permit. In the letter, he requested PIO to make appropriate arrangement for Mr. Jenny to re-enter Vanuatu. (See Appendix D).

Later (date not available) the PIO advised the Office of the Ombudsman that Mr Jenny had returned to the country on a visitor’s permit. The PIO advised that he would contact the Attorney General’s Office for advice.

4.10 On 13 May 1998, Mr Jenny’s girlfriend produced a copy of the cheque issued to
Mr Naunun at the Office of the Ombudsman. (See Appendix A).

4.11 On 15 May 1998, the Office of the Ombudsman followed up with the PIO whether there was any advice received from the Attorney General. There was still no answer.

4.12 On 15 July 1998, the Ombudsman’s Office followed up the matter again with the PIO.

4.13 On 31 July 1998, the PIO advised the Ombudsman that he had tried to convince the Minister of Justice through his First Political Adviser, Mr Taurakoto that Mr Jenny should not be allowed into the country because he has a bad background as reported by the Berne Federal Police. However, the Minister’s response was that his decision was final. (See Appendix E)

5. RESPONSES BY THOSE WITH COMPLAINTS AGAINST THEM

5.1 A Working Paper was issued on 20 June 2002 to those concerned for their responses and/or comments. Article 62(4) of the Constitution states that 'the Ombudsman shall grant the person or body complained of an opportunity to respond to the findings made against them.'

Copies of the Working Paper were sent to five people. Only two responded. The summaries of the responses are as follows:

On 11 July 2002, Mr Naunun phoned to say that he received his Working Paper on 2 July 2002 and requested the Office of the Ombudsman to extend the time/period for him to respond. His reasons being that he lives very far on Tanna and he has been sick.

Another letter was sent to him indicating that the time was extended to 23 August 2002. No response was received from him after this date.

On 26 June 2002, the Ombudsman received a response from Mr Leslie Garae, Principal Immigration Officer which reads:

Thank you for your letter of 20 June 2002 and the working paper on the subject matter.

However, I do not have any further comment to this report and I would perhaps leave the report as it is. (see Appendix G).

6. FINDINGS

6.1 Finding 1: The Ombudsman finds that Mr Naunun may have breached s.73(1) of the Penal Code by committing a criminal offence of 'Corruption and Bribery of Officials'.

Section 73(1) no public officer shall, whether within the Republic or elsewhere, corruptly accept or attempt to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity.

Mr Naunun was found to have corruptly obtained and accepted a favour for himself in his official capacity as a Political Secretary therefore found to be in breach of Section 73(1) of the Penal Code.

Mr Naunun was also found to have acted illegally by presenting immigration documents to Mr. Jenny when he was not holding any positions of responsibility in the Immigration Department. In doing so, he has deliberately intended to influence Mr Jenny to pay him an amount of money for a service which he knew was illegal.

6.2 Finding 2: The Ombudsman finds that Mr Naunun may have breached s.22 (1) (a) of the Immigration Act by attempting to assist another person to obtain residency permit without following the legal procedures set out under the Immigration Act.

Mr Naunun was found to have breached section 22 of the Immigration Act. He intentionally assisted Mr. Jenny so that he may gain personally for his services. He purposely did this with an intent to deceive the immigration authorities in order for him to benefit for his services.

Mr Naunun interfered with the normal procedure of acquiring a Residential Permit. His actions were unjust when he agreed to assist Mr Jenny to obtain a permit with an intention to gain personally for his services.

7. RECOMMENDATIONS

The Ombudsman makes the following recommendations based on the above findings to resolve these matters and prevent them from reoccurring in future.

7.1 The Ombudsman recommends that the Police, in collaboration with the Immigration Department and the Ministry of Internal Affairs carry out further investigations on this matter lay a criminal charge against Mr Naunun.

7.2 The Ombudsman recommends that the Police complete investigation and provide case file to the Public Prosecutor to lay a criminal charge against
M Naunun subject to evidence gathered during Police inquiry.

7.3 The Ombudsman also recommends that both the Police and Immigration officials ensure that such practice is not repeated. Awareness should be brought about to prevent such improper practices.

Dated the 14th day of October 2002.

Hannington G ALATOA

OMBUDSMAN OF THE REPUBLIC OF VANUATU

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8. INDEX OF APPENDICES

A Copy of cheque issued to MP Naunun

B Application for Residency Permit

C Reply to Mr Jenny’s application for residential permit

D Mr Taurakoto’s letter to PIO informing him of the Minister’s approval

E PIO’s letter to the Office of the Ombudsman on Minister’s approval

F Relevant Legislation

∑ Penal Code (Cap 135)

∑ Immigration Act

7. PIO’s response to the Ombudsman’s Working Paper
   

Appendix F

PENAL CODE (CAP 135)

CORRUPTION AND BRIBERY OF OFFICIALS

s.73 (1) 'No public officer shall, whether within the Republic or elsewhere, corruptly accept or obtain or agree or offer to accept or attempt to obtain, any bribe for himself or any other person in respect of any act done or omitted, or to be done or omitted, by him in his official capacity'.

Appendix F

THE IMMIGRATION ACT (CAP 66)

OFFENCES AND PENALTIES

s.22 (1) (a) Any person who for the purpose of obtaining for himself or for any other person or of assisting any other person to obtain any permit shall be guilty of an offence against this Act.

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