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Vanuatu Ombudsman's Reports |
REPUBLIC OF VANUATU
OFFICE OF THE OMBUDSMAN
PUBLIC REPORT
CONDUCT OF 19 MEMBERS OF PARLIAMENT INCLUDING THE PRIME MINISTER, MINISTER OF
JUSTICE, MINISTER OF PUBLIC WORKS, MINISTER OF TOURISM AND TELECOMMUNICATIONS, MINISTER OF HOME AFFAIRS, AND
MINISTER OF FOREIGN AFFAIRS IN SEEKING A PARDON FOR A FUGITIVE FROM JUSTICE
30 JANUARY 1998
-------------------------------
TABLE OF CONTENTS
-----------------------------------
PREAMBLE
'A man void of understanding striketh hands and becometh surety in the presence of his friend ...'
Prov. 17 V 18.
For several years now, I have received complaints from business people about the length of time that their applications for residency and business license and consents to transfer land sit either on the desks of Ministers, heads of departments or other officials. They say they experience broken promises, obstructiveness and often suggestions of bribery, before the valuable document is signed and released.
For some, many weeks - often many months - go past until the applicant is discouraged and abandons his plans. Sometimes the applicant is bedevilled by a series of questions about his business and intentions from officials who obviously know virtually nothing about financing and running a business. In this way genuine 'bona fide' investors are turned away from Vanuatu.
However it now appears that no obstacles are placed in the path of smooth talkers and 'con-men' who dazzle the Ministers and their staff who are inexperienced in the ways of the world outside with promises and gifts. Jobs are promised to friends and family of the Ministers, and they see a bright future for themselves with crooked partners.
Requirements about depositing or investing the necessary funds to qualify for residency, or having no police record are simply overlooked in the case of smooth operators. This report is only one classic example of Ministerial ventures into capital expenditure and financial conjuring tricks rather than quietly and efficiently following criteria and guidelines that wiser and more experienced people have discovered essential.
It is not difficult to see who is exposing 'the nakedness' of Vanuatu and making us a laughing stock around the world. The Ombudsman’s Office does not sign ridiculous statements or accusations but instead takes the trouble to check out all facts.
The public will not have missed the fact that none of these blustering politicians have taken the simple course of questioning the facts of their offences in Courts. Instead creep about making insults against those who meticulously follow their duty, and record precisely what they find. While hundreds of protesting citizens are confronted by the weight of law, major figures potentially guilty of major fraud remain unarrested and unpunished. This selective action only serves to increase the disillusionment of the general public because it shows that there is one law for the big men and another for the grassroots. The complaints to the Ombudsman increase daily over this injustice and they cry 'how long, o Lord, how long?' to quote the Scriptures.
This is far from being the last report dealing with maladministration and often fraud and corruption. It remains to be seen what the 'official' reaction will be to deal with these many serious offences.
This report is concerned with the actions of 19 of our elected Leaders. 19 Leaders of this country who have sworn to honour this country have instead disgraced this country, both at home and internationally. 19 Leaders of this country sought to harbour a South Korean fugitive from justice. These 19 leaders went further than providing a mere safe haven for this fugitive, these 19 Leaders in writing sought a pardon from the President of South Korea for this Korean fugitive’s foreign crimes.
Why the 19 Leaders disgraced Vanuatu is unclear because only 2 of the 19 Leaders responded to our preliminary report. For one of the two who responded Mr Bangabiti the motivation was clear. Mr Bangabiti stated Mr Jung had financially helped the UMP and the Prime Minister and this is why 19 Leaders chose to disgrace Vanuatu. The other leader to reply was Fr Lini, Minister of Justice (NUP MP for Pentecost) and also Anglican priest. Fr Lini’s reply was most disturbing as he can no longer tell right from wrong. For the 17 other Leaders named in this report we have only heard silence.
1 INTRODUCTION
1.1 Richard Jung (Jung Jae-Young) is a Korean with a criminal past:
(a) He was imprisoned in South Korea for 3 years for stealing military equipment;
(b) He has been convicted for breaching South Korean Control Law;
(c) Presently, there is a South Korean Warrant of Arrest, while Mr Jung remains residing in Vanuatu as a fugitive from justice wanted back in homeland for forgery.
1.2 Mr Jung attempted to become a Vanuatu citizen and has already been granted an illegal honorary citizenship by the present Prime Minister, Rialuth Serge Vohor (as presented in our public report dated 3 December 1997). Hie is also being supposedly appointed Vanuatu Trade Commissioner by the Minister of Foreign Affairs, Hon. Vital Soksok, on instruction of the Prime Minister on 22 July 1997. He also holds an ordinary Vanuatu passport and a diplomatic passport issued to him illegally with the knowing help of Mr Vohor.
1.3 Instead of extraditing Mr Jung (sending him back to Korea as the Korean police want) 19 members of Parliament, including the Prime Minister and 5 Ministers, would like to welcome this convicted criminal and fugitive into Vanuatu, and allow him to promote a residency and illegal citizenship scheme involving our country (see our report concerning Mr Jung dated 3 December 1997).
1.4 19 members of Parliament including the Prime Minister and 5 Ministers have issued letters dated 17th November 1997 to the President of South Korea asking South Korea to pardon Mr Jung and forgive Mr Jung for his crimes.
1.5 In their letters (practically identical in content) the Prime Minister, Mr Rialuth Serge Vohor, and the Minister of Justice, Father Lini state that Mr Jung is 'involved in various national projects for the Economic Independence of Vanuatu,' that Mr Jung 'has initiated an economic development plan for Vanuatu,' that Mr Jung 'Plans to build up national projects'. These statements are at best dreams or at worst just plain lies. Mr Jung failed to provide genuine evidence to our Office that he had invested even the minimum amount (Vt 5,000,000) required of 'small investors' only seeking residency not full citizenship. Indeed he manufactured false evidence (false banking documents - confirmed by South Korean authorities on our request). In addition, a previous criminal conviction disqualifies a person from residency and therefore by extension, citizenship too. However, the 19 leaders simply ignored this.
2 JURISDICTION
2.1 Pursuant to Article 62 of the Constitution and Section 14 of the Ombudsman Act I have jurisdiction to enquire into the conduct of certain public bodies or persons upon receiving a complaint or on my own initiative. Pardons of fugitives by government officials falls within my jurisdiction pursuant to the Constitution and Section 14(1)(a)(iii) (A) of the Ombudsman Act. Upon receiving copies of petitions seeking a pardon of Mr Jung, I have on my own initiative begun an enquiry into this matter.
3 PRELIMINARY REPORT
3.1 On or about 5 January 1998, I issued and circulated a confidential and secret preliminary version of this public report. The preliminary Report was sent to:
Those persons marked with an '*' exercised their constitutional right to reply to the preliminary report. The reply received from Amos Bangabiti is annexed as 'Response A'. The reply received from Mr Lini is annexed as 'Response B'. Extracts of their replies on this case have been commented on by the Ombudsman later on in this report.
4 SCOPE OF THE REPORT
4.1 The scope of this preliminary report is whether the Prime Minister, Mr Serge Rialuth Vohor, the Minister of Justice, Fr. Walter Lini, the Minister of Public Works, Mr Samson Bue, the Minister of Civil Aviation and Telecommunications, Mr Demis Lango, the Minister of Home Affairs, Mr Robert David Karie, and the Minister of Foreign Affairs, Mr Vital Soksok and 13 members of Parliament, acted in breach of Vanuatu Constitution and Laws and in particular the Leadership Code in signing petitions to pardon a fugitive from justice.
5 RELEVANT LAWS
Did the Prime Minister, Mr Rialuth Serge Vohor, the Minister of Justice, Mr Walter Lini, the Minister of Public Works, Mr Samson Bue, the Minister of Civil Aviation and Telecommunications, Mr Demis Lango, the Minister of Home Affairs, Mr Robert David Karie, the Minister of Foreign Affairs, Mr Vital Soksok, and 13 Members of Parliament act properly under the Leadership Code as contained in the Constitution of Vanuatu?
5.1 Article 66 of the Constitution of Vanuatu is entitled the Conduct of Leaders. Article 66 in relevant part states:
(1) Any person defined as a leader in Article 67 has a duty to conduct himself in such a way, both in his public and private life, so as not to -
(a) place himself in a position in which he has or could have a conflict of interests or in which the fair exercise of his public or official duties might be compromised;
(b) demean his office or position;
(c) allow his integrity to be called into question; or
(d) endanger or diminish respect for and confidence in the integrity of the Government of the Republic of Vanuatu.
(2) In particular, a leader shall not use his office for personal gain or enter into any activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by subarticle (1)
5.2 Article 67 of the Constitution gives a brief definition of a leader: Article 67 states in relevant part:
...a leader means the President of the Republic, the Prime Minister and other Ministers, members of Parliament and other officers as may be prescribed by law.
5.3 The positions of the Prime Minister, Mr Rialuth Serge Vohor, the five Ministers, and all 13 Members of Parliament are specifically defined as being the positions of a Leader. Thus, all of the above individuals have the honour and the duty to follow the requirements of Article 67 of the Vanuatu Constitution.
Under the Constitution, Mr Vohor had a duty to decide upon the findings of the Ombudsman’s Resort Las Vegas Public Report.
5.4 Article 63 (4) of the Constitution states:
The Prime Minister or the person in charge of the relevant public service shall decide upon the findings of the Ombudsman within a reasonable time and the decision, with reasons, shall be given to the complainant forthwith.
5.5 Regrettably, Mr Vohor has failed to do his constitutional duty and as yet has made no reply despite receiving the report on or about 3 December 1997.
6 METHOD OF INVESTIGATION
6.1 Under Article 62(3) of the Constitution and Section 17(1) and (2) of the Ombudsman Act No. 14 of 1995, the Ombudsman is empowered to request any person or organisation likely to assist in providing the information and documents for the enquiry. Based on these powers and cooperation from international government agencies, information and documents were obtained from the Korean Government.
7 FACTS WITH COMMENTARY
7.1 On 18 April 1988, Mr Jae Yong Richard Jung ('Mr Jung') was convicted of Special Robbery of Military Goods in the Republic of South Korea. For this crime, he received a 3 year prison sentence.
7.2 On 10 May 1990 Mr Jung was convicted of a violation of South Korea’s Illegal Check Control Law.
7.3 Presently, there is a Korean arrest warrant out for Mr Jung on the charge of Counterfeiting and Alteration of Checks and Valuable Securities. Our information states that Mr Jung is suspected of counterfeiting and altering a number of checks and promissory notes totalling $280,000 US (approximately 34,000,000 Vatu) in September 1992. Annexed here as '1' is an English translation of the present South Korean Arrest Warrant concerning Mr Jung.
7.4 Our information (given by officials in South Korea) states Mr Jung fled Korea on the 25 December 1992 for Australia whilst being wanted by South Korean authorities for charges of counterfeiting valuable securities.
7.5 In March 1997 or earlier, Mr Jung and his business Resort Las Vegas Ltd. began seeking approval from the Government of Vanuatu regarding a Citizenship and Immigration Scheme. Annexed here as '2' is an early document portraying Mr Jung’s attempts to become involved in Vanuatu Immigration matters.
7.6 Mr Jung was granted a Vanuatu Citizenship Certificate on 29 April 1997. Annexed here as '3' is a copy of Mr Jung’s Citizenship Certificate.
7.7 According to a 10 June 1997 Ministry of Foreign Affairs document, Mr Jung’s influence with politicians was already being exerted. This document stated that Mr Jung was negotiating with breakaway NUP members who joined VP to be able to rejoin the Government so as to form the 2/3 majority required to pass the said Bill (Immigration Scheme Bill). Further, this bill was withdrawn at the end of the last Parliamentary sitting to be discussed at the next one. The memo adds that for his part Mr Jung would take the necessary steps to negotiate with the four NUP MPs who joined VP to rejoin the government. Mr Jung is clearly entering and attempting to influence local politics. Mr Jung appears to have used this same influence when highly placed officials issued petitions to South Korea seeking a pardon for this fugitive. Annexed here as '3A' is the Ministry of Foreign Affairs document regarding Mr Jung.
7.8 On 22 July 1997, the Foreign Affairs Minister, Vital Soksok appointed Mr Jung’s business Resort Las Vegas Ltd. as Agent for a Vanuatu Immigration Scheme. Annexed here as '4' is a copy of a letter appointing Resort Las Vegas as Agent for a Vanuatu Immigration Scheme.
7.9 As directed by the Prime Minister, Mr Vohor, Mr Soksok appointed Mr Jung as Vanuatu Trade Commissioner to South Korea on 8 September 1997. Annexed here as '5' is a copy of the letter appointing Mr Jung as Vanuatu Trade Commissioner to South Korea.
7.10 On 10 November 1997, Mr Jung supplied to our office evidence that he was worth approximately $34,000,000 US (approximately 4,000,000,000 Vatu). We have subsequently come to learn that this document is false, and that Mr Jung again appears to be committing crimes involving financial matters, but this time in Vanuatu. Annexed here as '6' and '7' is a copy of Mr Jung’s Hanil Securities Certificate of Balance and an English translation of a letter from Hanil Securities stating that Mr Jung has never held an account with this company and that his Certificate of Balance is 'faked.'
7.11 On 11 November 1997, a Preliminary Report was issued by the Office of the Ombudsman concerning Mr Jung and his Vanuatu Immigration Scheme business Resort Las Vegas.
7.12 On 17 November 1997, Mr Rialuth Serge Vohor, the Minister of Justice, Mr Walter Lini, the Minister of Public Works, Mr Samson Bue, the Minister of Civil Aviation and Telecommunications, Mr Demis Lango, the Minister of Home Affairs, Mr Robert David Karie, and the Minister of Foreign Affairs, Mr Vital Soksok, and 13 Members of Vanuatu Parliament signed petitions seeking a pardon of Mr Jung for his Korean crimes. These petitions were addressed to the President of the Republic of South Korea and sent via the South Korean Embassy in Papua New Guinea. Mr Vohor, Prime Minister, Mr Lini, Minister of Justice and the Minister of Foreign Affairs, Mr Soksok, all sent separate letters to support or assist this request for pardon. Additionally, a petition, dated 18 November 1997, seeking a pardon for Mr Jung and signed by the President, Mr Jean-Marie Leye Lenelcau, has also been obtained.
7.13 The text of Mr Vohor’s petition is written below for the convenience of the reader and also annexed as '8'.
To: Korea Embassy in Papua New Guinea
Attn: Mr President of the Republic of Korea
From: Honourable Vister Rialuth Serge Vohor
Date: 17th November 1997
SUBJECT: PETITION OF REMISSION FOR MR RICHARD J.Y. JUNG (JAE-YONG JUNG) IN VANUATU
Dear affectionate Mr President of Korea,
I am Prime Minister of Vanuatu, Hon. Rialuth Serge Vohor.
We are processing a number of national projects for Economic Independence of Vanuatu with Mr Jung in this stage. Mr Jung is not only involved in the various national projects for Economic Independence of Vanuatu, but also a Korean Trade Commissioner in Vanuatu.
Dr. Lee who was recommended by Mr Jung, has been permitted by Korean Government to act as an Official Vanuatu Honorary Consul in Korea in addition to this, his assistance is definitely needed for our country’s developments.
Recently, Mr Jung has suffered attacks by an Ombudsman that is contradiction of regulation in Vanuatu. For instance, the Ombudsman and other opponents are trying to isolate and punish Mr Jung who has initiated an economic development plan for Vanuatu.
Upon his police reference taken from Korean Interpol, it has caused great embarrassment to Mr Jung and Vanuatu Government.
Since he and our Government have the plans to build up the national projects such as investment immigration, airport, wharf, road and land development, we need Mr Jung to continue with these projects.
Mr Jung truly loves Korea and Vanuatu more than anyone else. And I believe that he can make Vanuatu as a centre of tourism, economic, trade, and finance in South Pacific.
Honourable Mr President of Korea,
Even if he has been revealed as a sinner after Korean Interpol reports, we are trying to trust and support him as much as we can. Then, we hope there can be more and better economic relationship built between Korea and Vanuatu. In case of Mr President can allow to remit his sin, Vanuatu Government will try to be the best friend with Korean Government in international relationship, and Mr Jung can be able to enhance Korea more than ever in Vanuatu.
I wish this letter can be a first step toward to year 2000 between Korea and Vanuatu, and this can be decided and processed as soon as possible by Mr President.
If you have found any further questions, please contact me below telephone or fax number.
Telephone (678) 22413 Fax (678) 22683
Yours sincerely;
Hon Vister Rialuth Serge Vohor
Prime Minister of Vanuatu
Government of Vanuatu
NB: Because of urgency, fax copy will be sent first to Korean Embassy in PNG, and Foreign Affairs Ministry of Korea, and original copy will be sent to Korean Embassy in PNG afterward.
7.14 The text of Mr Lini’s petition is retyped here for the convenience of the reader and also annexed as '9'.
To: Korean Embassy in Papua New Guinea
Attn: Mr President of the Republic of Korea
From: Honourable Fr. Walter H. Lini
Date: 17th November 1997
SUBJECT: PETITION OF REMISSION FOR MR RICHARD J.Y. JUNG (JAE-YONG JUNG) IN VANUATU
Dear affectionate Mr President of Korea,
I am a Minister of Justice, Hon. Fr. Walter H. Lini.
We are processing a number of national projects for Economic Independence of Vanuatu with Mr Jung in this stage. Mr Jung is not only involved in the various national projects for Economic Independence of Vanuatu, but also Korean Trade Commissioner in Vanuatu.
Dr. Lee who was recommended by Mr Jung has been permitted as an Official Vanuatu Honorary Consul in Korea in addition to this, his assistance is definitely needed for our country’s developments.
Recently, Mr Jung has suffered by an Ombudsman that is contradiction in Vanuatu. For instance, the Ombudsman and other opponents are trying to isolate and banish Mr Jung who has made an economic development plan for Vanuatu, using his police reference taken from Korean Interpol since he and our government build up the national projects such as investment, immigration, airport, wharf, road and land development.
Mr Jung truly loves Korea and Vanuatu more than anyone else. And I believe that he can make Vanuatu as a centre of tourism, economic, trade and Finance in South Pacific.
Honourable Mr President of Korea,
Even if he has been revealed as a sinner after Korean Interpol reports, we are trying to trust and support him as such as much as we can. Then, we hope there can be more and better economic relationship built between Korean and Vanuatu. In case of Mr President can allow to repent his sin, Vanuatu Government will try to be the best friend with Korean Government in international relationship, and Mr Jung can be able to embrace Korea more than ever in Vanuatu.
I wish this letter can be the first step towards the year 2000 between Korean and Vanuatu, and this can be decided and processed as soon as possible by Mr President.
If you have found any further questions, please contact the below telephone or fax number.
Telephone: (678) 25290/25292 (678) 22555 Direct Fax (678) 25112
Yours sincerely
Hon. Fr. Walter H. Lini
Minister of Justice
Government of Vanuatu
NB: Because of urgency, fax copy will be sent first to Korean Embassy in PNG, and Foreign Affairs Ministry of Korea, and original copy will be sent to Korean Embassy in PNG afterward.
7.15 The petition signed by the 17 Members of Parliament is annexed as '10'. However, for the convenience of the reader, the text is also retyped here.
To: Korean Embassy in Papua New Guinea
Attn: Mr President of the Republic of Korea
From: Members of Parliament of Vanuatu
Date: 17th November 1997
SUBJECT: PETITION OF REMISSION FOR MR RICHARD J. Y. JUNG (JAE-YONG JUNG) IN VANUATU
Dear affectionate Mr President of Korea,
We are 1/3 of members of Parliament of Vanuatu.
We are processing a number of national projects for Economic Independence of Vanuatu Mr Jung in this stage.
Recently, Mr Jung has suffered by an Ombudsman that is contradiction of regulation in Vanuatu. For instance, the Ombudsman and other opponents are trying to isolate and banish Mr Jung who has made an economic development plan for Vanuatu, using his police reference taken from Korean Interpol since he and our Government build up the national projects such as investment immigration, airport, wharf, road, and land development. Mr Jung truly loves Korea and also Vanuatu as a centre of tourism, economic, trade, and finance in South Pacific.
Honourable Mr President of Korea,
Even if he has been revealed as a sinner after Korean Interpol reports, we are trying to trust and support him as much as we can. Thus, we hope there can be more and better economic relationship built between Korea and Vanuatu. In case of Mr President can allow to repent his sin, Vanuatu Government will try to be the best friend with Korean Government in international relationship, and Mr Jung can be able to embrace Korea more than ever in Vanuatu.
We sincerely petition this can be decided and proceeded as soon as possible by Mr President.
NB: Because of urgency fax copy will be sent first to Korean Embassy in PNG and Foreign Affairs Ministry of Korea, and original copy will be sent to Korean Embassy in PNG afterward.
1. Member of Parliament (Name): Hon. Jimmy Meto Chilia
Place of Elected: Sign ..........................
2. Member of Parliament (Name): Hon. John Tari
Place of Elected: Sign ..........................
3. Member of Parliament (Name): Hon. Gideon Fred
Place of Elected: Sign .............................
4. Member of Parliament (Name): Hon A Bule
Place of Elected: Sign .............................
5. Member of Parliament (Name): Hon. Alfred Massing Nalo
Place of Elected: Sign .............................
6. Member of Parliament (Name); Hon. John Lee Solomon
Place of Elected: Sign ..............................
7. Member of Parliament (Name): Hon. Amos Bangabiti
Place of Elected: Sign ..............................
8. Member of Parliament (Name): Hon. Demis Lango
Place of Elected: Sign ..............................
9. Member of Parliament (Name): Hon. Paolo Tabivaka
Place of Elected: Sign ..............................
10. Member of Parliament (Name): Hon. Muelsul Edward
Place of Elected: Sign ..............................
11. Member of Parliament (Name): Hon. Samson Bue
Place of Elected: Sign ..............................
12. Member of Parliament (Name): Hon. Imbert Jimmy
Place of Elected: Sign ..............................
13. Member of Parliament (Name): Hon. Keasipai Song
Place of Elected: Sign ..............................
14. Member of Parliament (Name): Hon. Metmetsan Cyriaque
Place of Elected: Sign ..............................
15. Member of Parliament (Name): Hon. Louis Taripe
Place of Elected: Sign ..............................
16. Member of Parliament (Name): Hon. David Robert Karie
Place of Elected: Sign ..............................
17. Member of Parliament (Name): Hon. Vital M Soksok
Place of Elected: Sign ..............................
7.16 The text of the petition signed on 18 November by President Lenelcau used almost identical words to that of the other letters. It is to be noted that the President does not fall within the jurisdiction of the Ombudsman.
7.17 On 3 December 1997, the Office of the Ombudsman published a public report regarding Mr Jung and his business Resort Las Vegas Ltd. This report outlined problems the Ombudsman’s Office sees with Mr Jung’s Vanuatu Immigration Scheme.
7.18 The Office of the Ombudsman is aware of one incident last year where during an alleged courtesy visit Mr Jung asked a top official what he (Mr Jung) could offer to him personally. This official refused any personal gift but said that if Mr Jung wanted to offer something to the whole institution, it might be welcome. Again the official reiterated he would not take any personal gifts.
8 REPLIES
Reply of Amos Bangabiti, Member of Parliament
8.16 Mr Amos Bangabiti replied to our report. Mr Bangabiti stated that he signed because Alfred Massing, another UMP Member of Parliament, forced him to and at the time he was allied with Mr Korman in the UMP. According to Mr Bangabiti, Mr Massing said that Mr Jung helped the UMP party, the Prime Minister and the government financially. Mr Bangabiti said that while he was Minister of Foreign Affairs he had refused applications of people like Mr Jung. Finally, Mr Bangabiti stated he is happy about this report as he believes such events should be pointed out to the politicians and the public.
8.17 Mr Bangabiti’s response to our report is appreciated. In the interests of equal treatment it should be noted that Mr Bangabiti was the only one of the above 19 highly placed government officials to respond to our report. Still, Mr Bangabiti’s response sheds further doubt on the Leadership qualities of the above individual. The only politician courageous enough to respond to our preliminary report admitted that he did it because a fellow politician forced him to. He admitted the reason behind the pardon was that Mr Jung gives money to the UMP, and to Mr Vohor. Mr Bangabiti appreciates the fact he and the other 18 politicians did not act like leaders and Mr Bangabiti is happy this is being pointed out to the politicians and the public.
8.18 The conduct of Mr Bangabiti is certainly worthy of questioning. It is clear he was not acting as a leader as was his responsibility. It is certain that Mr Bangabiti acted improperly, but even worse are the 17 politicians who chose not to reply this report and these findings. Failing to respond to this report is simply a further slap in the face to the people of Vanuatu, a further breach of their responsibilities under the Leadership Code.
Reply of Fr Lini, Minister of Justice
8.19 It is with sadness that the Ombudsman’s Office attaches the reply of Fr Walter Lini. It will be seen from his reply that Fr Lini defends his letter to the South Korean President seeking a pardon for Mr Jung.
Fr Lini’s letter (paragraph numbers added):
'Dear Honourable Ombudsman,
All these have, not been possible because these people who proposed these schemes had the Governments approval but they did not have the money to implement these schemes.
As always if you wish to discuss anything further please do not hesitate to contact my office.
Yours faithfully
Walter Hadye Lini MP
Minister of Justice, Culture, Religion,
Archives, Women’s Affairs and CRP'
8.20 There are four main aspects to Minister Lini’s defence of Mr Jung:
(a) Mr Jung can help bring economic prosperity to Vanuatu;
(b) The Ombudsman has set out deliberately to destroy Mr Jung and attack democracy in Vanuatu;
(c) The Ombudsman has stripped Vanuatu naked and embarrassed it in front of the World; and
(d) 'Some of the things we [the Council of Ministers] do for Vanuatu as a nation has to be discrete and truly confidential for peace and unity to be in harmony.’ - in other words kept secret.
(e) What does not appear in Minister Lini’s letter is the fact that his son David Lini was employed at Richard Jung’s company Resort Las Vegas and secondly that Mr Jung was seen often giving money to Minster Lini’s security staff to pay for kava, food and other benefits. Minister Lini has had these allegations put to him but not responded.
8.21 After receiving this letter every staff member of the Ombudsman’s Office individually wrote down their thoughts about what Minister Lini had said. Examples of what these ni Vanuatu citizens had to say are set out below shortly. The Ombudsman’s Office’s staff was concerned that publication of the letter would cause embarrassment to Mr Lini.
8.22 To avoid this the Director, Mr Pasa Tosusu telephoned Minister Lini and asked him whether he would like to reconsider his response and to send a new one. After some discussion with Mr Tosusu, Minister Lini said that he would not change his reply.
8.23 Below are a selection of what ni Vanuatu staff members at the Ombudsman’s Office had to say in respect to Fr Lini’s response:
*************************************************************************************************
A
'They [the Council of Ministers] clearly showed the people of Vanuatu that they are prepared to accept and welcome any criminal to come to Vanuatu who can reside here and where it is safe for them. They have used Vanuatu to hide and keep criminals for their self interests.
Vanuatu is trying very hard to make good its image overseas as a good place for investors to come and invest. It also has a good tax policy. It however cannot entertain and accept criminals to come and hide behind the leaders of the country. This will damage the integrity of Vanuatu overseas. One of the things that the Comprehensive Reform Program (CRP) emphasises is transparency in the Government. Actions of leaders must be open to the public to see and judge for themselves. They must account for their actions to the people of Vanuatu.
'
*************************************************************************************************
B
'Responsible leaders admit their wrongdoings. Vanuatu’s situation has been brought to the world’s attention by quite a number of newspapers overseas before the establishment of the Ombudsman’s Office.
. . .
The migration policy is not a good idea. The government cannot cope with the actual number of population and the population growth is as high as 2.8%. With such a growth and the poor public services (education, health etc . . .), the leaders including Father Lini ignore this situation it will turn from bad to worst. The government has granted the migration scheme to a company represented by a crooked man. Mr Jung is a criminal. Father Lini has chosen to deal with someone that has a criminal record. This is not very intelligent for the nation’s decision makers (leaders)
. . . If he was responsible he would not have acted like this. . . .
Father Lini’s letter demonstrates clearly that he doesn’t understand the functions, roles of the Ombudsman of the Republic of Vanuatu defined by the Constitution. His intention is clear: he doesn’t tolerate the Ombudsman producing public reports for the sake of state secrecy.
He tolerates corruption by leaders and welcomes foreign crooked people. . .
*************************************************************************************************
C
''Long tingting blong me, taem Hon Walter Lini i tokabaot wok blong Ombudsman, mi luk se hemi no andastan gud wok blong Ombudsman. Ino from se mi mi wan staff blong Ombudsman. Nao i mekem se mikem se mi sapotem Ombudsman . Wok blong Ombudsman i gud from hem i save talemaot ol samting we i haed mo we people ino save, mo i luk se ol lida blong country oli stap choosim ol wrong investor blong come invest long Vanuatu from ol investor ia oli gat ol rabbis background no matter oli blong different country but yumi people blong Vanuatu yumi fraet from country blong yumi.
Sipos yu talem se yumi wan Christian country ol lida blong yumi oli mas choosim right investor or right man blong come servem country mo people blong Vanuatu.
Why ol lida oli no save lukluk deep more mo choosim ol right man blong come invest long Vanuatu.'
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D
'Firstly: Mr Richard Jung is a fugitive from justice who should rightly be in jail where he belongs. The country wants good clean investors, not notorious criminals who are on the run from the law and who are still committing offences.
. . .
Fourthly: Economic proposals of such should not involve the COM alone, but Parliament, as well as the people of this country. These proposals were made in an ad hoc manner with no proper consultation and analysis of its pros and cons. . . .
. . .
The COM and the MPs involved in signing the petition to pardon Mr Jung are in serious breach of the Leadership Code, after all that is known about him. All they are interested in is the money he is bringing in - is some of it going into their pockets??
. . . The Leaders’ moulding of the soul of Vanuatu as a Republic has only been (to put it in Father Lini’s words) to strip the Republic of Vanuatu naked and not care for is nakedness, to strip is integrity and make a laughing stock out of its sovereignty.'
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E
'The proposal to encourage immigration of new investors and businessmen is good but there has to be transparency. The scheme must involve qualified people.
. . .
If Mr Jung commits a criminal offence in Vanuatu it is the President of Vanuatu that pardons him. If he does the same thing in South Korea, the South Korean President pardons him. What we see here is that Minister Lini and others requested the South Korean President to pardon Jung for offences Jung committed on South Korean soil. What has Vanuatu got to do with this? South Korea is another country and not part of Vanuatu . . .
The CRP is preaching transparency. What the Minister responsible for CRP was saying in paragraph 10 of his letter to the Ombudsman was contrary to any understanding of transparency.
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F
'If Fr Lini wants the country to be stable he as a leader should not compromise with wrongdoings. He should not go against or blame this Office for causing instability, but rather support the Ombudsman to help clean up the messy country and to set a good and responsible example to the People of Vanuatu.
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G
'1 As a leader, he [Father Lini]should not encourage criminals to invest in Vanuatu.
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H
'Father Lini said so many things but he did not mention anything about Mr Jung’s reputation whether he is a good investor or a crook. One could be an investor and a crook at the same time.
The Ombudsman is not trying to stop any arrangement that Vanuatu is making with outside investors. The Ombudsman is simply telling the leaders to take a right path and ensure that they are not dealing with a bunch of crooks because at the end of the day its the people who will suffer most when leaders make bad decisions (the Ombudsman works for the people))
I wonder why Walter Lini is trying to protect Mr Jung. I am a bit suspicious that our leaders might receive some dirty money.
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. . .
'Ask him [Father Lini] since he wants to give Mr Jung another chance how come the UMP led Government approved investment proposals - but did not seem to check credibility, criminal records and amount of capital to ensure this investor means well. These are 'normal' checks any informed government (the Solomon Islands Government rejected Mr Jung’s proposal) does prior to considering proposals from foreigners.'
. . .
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J
'It looks like Mr Lini is protecting Mr Jung in hiding his reputation as a criminal. As a responsible leader, Father Lini should let the grassroots know about Mr Jung’s background because Vanautu doesn’t belong to Lini himself but to the People of Vanuatu.
I would like the Justice Minister to explain his sentence: ‘the National Authorities did their duty faithfully to allow Mr Jung into Vanuatu as an investor.’ Does Mr Lini mean the authorities just ignored the criminal charges laid against Mr Jung and let him in like any other ordinary investor.
. . .
Lini is known as a clever leader, but perhaps he forgets that the Constitution is the supreme law of the Republic of Vanuatu and it is above the Council of Ministers and the Parliament. Lini claims that the report on Richard Jung is against democracy and moral responsibility of the Vanuatu government. So did the 19 MPs think about democracy and moral responsibility when they wrote to the South Korean President to seek his pardon and then afterwards appointed him to a special honorary consul committee. So actually who is Jung? Is he a paramount chief from Pentecost?
. . .
No one in the Ombudsman’s Office should be called a self righteous investigator (as Fr Lini said) since no-one on Earth is righteous, not even Mr Richard Jung. Only God is.
. . .
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'Yu wan Minista blong Jastis. Mi luk i strange wea yu wantem se South Korea i pardonem Mr Jung. Mae be yu laekem mo ol criminal than ol honest pipol.
. . .
Mi think se ol pipol oli no wantem se Vanuatu hem i kam wan ples wea every criminal oli escape long hem blong mekem ol rabis bisnis blong olgeta. Yu wantem blong South Korea i pardonem Mr Jung. Everyman i same man, black or white long face blong law and Constitution. Sipos yumi mekem wan wrong. Sipos now weam jastis. Wanem nao meaning blong jastis? Yumi stap long democracy 'Latin: demos gratos: means government of the people. So ol MPs and Ministas oli representem people wea hem nao i givim power ya long olgeta. So oli should mekem difference between personal interest mo interest blong nation.
. . .
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Mr Lini’s letter is purely to protect his own political interest and political associations with UMP.
His reply is a resemblance of Mr Sope’s response to the Bank Guarantee inquiry in that the Ombudsman should back off in the government projects whether it be done with crooks or not.
He does not understand the role of the Ombudsman in his proposals. The objectives for CRP on accountability and transparency will fail if the Ombudsman can not perform her constitutional duties.
The COM is not above the laws of Vanuatu so Mr Lini has lost all sense of direction, his integrity is being put into question and he cannot be a leader as he has no regard to the laws of this sovereign nation.
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'Para 1 No comment
Para 2 Ombudsman is doing her work as required by the Constitution. All final Reports are made public. Vanuatu must deal with clean investors not crooks who are running away from the law in their own country.
Para 3 Initially maybe true but once truth is revealed about him, officials should not protect him.
Para 4 Irrelevant to the report. Trade policy contradicts Constitution and law. Law comes first, before policy. Fr Lini is helping to destroy what he has built.
Para 5 Policy is not law, in order to put policy into practice you must first amend the law. This has not been done. Law over-rides policy. So there is no excuse. By not observing laws the Government or Ministers are now weakening themselves.
Para 6 See 5 above.
Para 7 The Government could do anything provided it complies with Constitution and the laws of Vanuatu.
Para 8 Irrelevant. How does Fr Lini know Jung has money?
Para 9 Same as 8. NB Vanuatu Government maybe participating in money laundering.
Para 10 Despite this Mr Jung could not even meet financial requirements of the Financial Services Commission.
Para 11 This business is an illegal business because it breaches the Constitution and the laws of Vanuatu.
Para 12 All MPs and Ministers can write and have their democratic right to write but only on a personal basis. If they write as Ministers and MPs they must consult their people whom they represent. Did they do this?
Para 13 Moral responsibility of Vanuatu Government is to govern Vanuatu in the interest of the people according to the Constitution and the laws.
Democracy for Vanuatu is informing the people of truth, not holding back information from the people in order for the Government to get away with its actions, or deal with crooks and practice maladministration.
Para 14 Responsible leaders of Vanuatu have to think of their people first, not put a foreign criminal first.
Para 15 The Minister appears to invite criminals from other countries to come and reside in Vanuatu as investors. Is this creating a good picture for Vanuatu overseas? Certainly not!
Para 16 Vanuatu has been stripped naked due to people like him who do not act for the best interest of the people and also due to politicians ignoring the Constitution and the laws.
Para 17 The issue of who contributed to the moulding of the soul of the Vanuatu Republic is not an issue in the Report. Therefore, it is irrelevant and is a personal attack on the Office and the Ombudsman herself.
Para 18 Confidentially executed actions of Government are against CRP: i.e. Good Governance, Transparency and Accountability.
Peace and unity cannot be in harmony if leaders do not tell the truth about what they do.
Para 20 What he is preaching is against justice. He is treating a non-Ni-Vanuatu more honourably than a Ni-Vanuatu. Justice does not mean harbouring criminals, it means treating everyone equally under the law and putting them wherever they rightly belong to according to law.
Overall, the letter:-
(a) appears immature;
(b) has personal/official attacks on the Ombudsman;
(c) shows that the Minister of Justice has no sense of abiding to the laws of Vanuatu;
(d) treats policy matters of the Government more important than laws of Vanuatu;
(e) appears to show that Minister Lini associates himself with foreign criminals and helps them to reside in Vanuatu.
This contradicts his position as Minister of Justice locally when he was heard over the radio last few days saying those who participated in the riot, damage to property and looting will be prosecuted. Maybe he said this because NUP office and NUP members of the former VNPF Board were the ones that were affected by the rioters.
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9 FINDINGS OF MISCONDUCT
Finding no. 1: the prime minister, Mr Serge rialuth vohor, the minister of justice, fr. Walter lini, the minister of public works, Mr Samson bue, the minister of civil aviation and telecommunications, Mr Demis lango, the minister of home affairs, Mr Robert david karie, and the minister of foreign affairs, Mr Vital soksok and 13 members of parliament, acted improperly under the leadership code as contained in the constitution of vanuatu.
9.1 The following persons, signed petitions seeking a pardon of Mr Jung:
(all of them are either UMP and NUP MPs)
9.2 These leaders put their name and reputation to words seeking a pardon of a convicted criminal and fugitive from justice. These leaders want Mr Jung as an integral part of Vanuatu’s Economic future. These leaders think that the Ombudsman is in contradiction with the regulations in Vanuatu apparently meaning that the Ombudsman is acting illegally.
9.3 The above-mentioned leaders think it is wrong to seek to report on Mr Jung and his criminal present and past. The above Vanuatu leaders agree that Mr Jung loves Vanuatu more than anyone; more than you or I, more than your fathers and mothers.
9.4 The petition states Mr Jung loves Vanuatu more than anyone. Does this include the people signing the petitions themselves and all the citizens of Vanuatu? Perhaps, because those signing the petition are attempting to let a fugitive with a lengthy criminal history into Vanuatu and become a partner with our government in national projects, Mr Jung does love Vanuatu more than those signing the petition. But let it be clear that the Ombudsman believes the people of Vanuatu love this country more than any foreign fugitive.
Leadership Code
9.5 The Leadership Code has been violated in so many ways by the above individuals, that below is merely an outline of offences.
9.6 The Leadership Code states that Leaders are not to place themselves in positions in which the fair exercise of public duties might be compromised. Have the above named individuals compromised themselves because seeking a pardon for Mr Jung is a less than fair exercise of their public duties. We believe so, the above individuals are seeking a separate justice for Mr Jung than a you or I would receive.
9.7 The Leadership Code states that Leaders are not to demean their office or position. Have the above individuals demeaned their office and position. Possibly, this is a matter of opinion. However, the opinion of the Ombudsman’s Office is that it is demeaning to be a partner with a criminal and a fugitive and it is demeaning to seek to have such a person of ill-repute pardoned for the crimes he committed in his home country, especially when Mr Jung continues to misrepresent himself in Vanuatu and breaches the laws of Vanuatu. We understand that his office had for a while a certain Mr Kim working for him who was expelled from Vanuatu because he was working without any of the proper papers required (working permit, residency permit).
9.8 The Leadership Code states that leaders are not to allow their integrity to be called into question. Every time a person puts their name to a document their integrity is called into question. Putting one’s name to a strong and good document may be a positive reflection upon one’s integrity. But each one of the above individuals signed a document on behalf of a criminal and fugitive, upon signing the petitions of pardon the integrity of the above individuals was placed in a very poor light.
9.9 The Leadership Code states Leaders are not to diminish respect for and confidence in the Government of the Republic of Vanuatu. Confidence in the integrity of the Government of Vanuatu has been diminished. To the eyes of the rest of the world, Vanuatu is harbouring a fugitive and a criminal and its Government is trying to interfere in South Korea affairs to make him a free man when he is continuing acting illegally in Vanuatu showing disrespect for the country and its people. To the eyes of the rest of the world Vanuatu is seeking to become a partner with a criminal and fugitive. Vanuatu will not be a respected country or government if it is a harbour for fugitives. None at home or abroad will have confidence in the Government of Vanuatu if it seeks to pardon criminals and fugitives.
9.10 In addition to the actual breaches of the 'letter' of the Leadership Code, it seems also that the 'spirit' of leadership has been breached. That is to say that those involved in this shameful and embarrassing episode have humiliated the country by failing to provide even the minimum level of statesmanship, wisdom and plain common sense that citizens of this country have a right to expect of their highest elected leaders.
9.11 All of the above individuals are in positions of influence and represent our country. The above individuals are bound by the Leadership Code as contained in the Constitution of Vanuatu. Signing a petition of pardon for a criminal and fugitive does not appear to be acting as a Leader under the Leadership Code.
9.12 In most of the countries in the world, millions of dollars and billions of Vatu are spent to develop concerted efforts by the Police to fight against international crime (including fight against drugs, illegal sale of weapons, illegal dealing with securities and international instruments of payment) and to make sure that criminals are identified to limit criminal actions spreading. Mr Jung as far the evidence we have (we might not know all his activities) has been involved in two of the above activities: weapons theft and illegal dealing with securities. In most other countries he would not be welcome with such a past and present. But in Vanuatu, half of the Cabinet Ministers and more than a third of the Members of Parliament are for him to come to be allowed to stay in Vanuatu, free of all the consequences of his criminal background.
9.13 There is little doubt that such an indulgent approach to criminality will be very attractive in the future for criminals in the world who are usually tougher criminals than we have experienced in Vanuatu. Vanuatu is therefore running the risk of opening itself to international criminals who can come and make promises of development, criminals who in many cases will have much more money than Mr Jung and will be able to actually provide investment with their ill-gotten gains.
9.14 The incident involving Mr Jung described in 6.15 shows a certain type of approach which could be called 'bribery'. In the leadership Code it is clearly stated that:
(2) In particular, a leader shall not use his office for personal gain or enter into any. activity that might be expected to give rise to doubt in the public mind as to whether he is carrying out or has carried out the duty imposed by subarticle (1)
9.15 On 3 December 1997, our public report described Mr Jung ‘s criminal history. Yet, rather than distancing themselves from such an individual, 50% of the Vanuatu Government and about 30% of the Members of Parliament mobilised behind Mr Jung. Why? Why? when there are numerous other genuine investors with funds of their own and with no criminal background who would like to participate in the Vanuatu economy and who would be more deserving of Government support. There appears to be a serious doubt as to why Government Officials would associate with Mr Jung.
9.16 If the Members of the Vanuatu Parliament persist with this type of reckless behaviour, Vanuatu will soon gain the reputation that the Government goes out of their way to welcome criminals and the consequences of this are not difficult to imagine. It would appear that few decisions and actions can result in destroying Vanuatu’s reputation in the region and worldwide as quickly and effectively as those described in this report.
Finding no. 2: Mr vohor did not respond to the resort las vegas public report as required to do under the constitution.
9.17 Mr Vohor was sent a copy of the Public Report regarding Mr Jung and Resort Las Vegas. To date, our office has received no reply from Mr Vohor regarding this Public Report.
9.18 Article 63(4) of the Constitution holds that within a reasonable time of receipt of the Ombudsman findings, the Prime Minister shall decide upon the Ombudsman findings and issue a decision containing his reasoning to the complainant. To date, our office has not received a reply from Mr Vohor regarding our findings. As such, Mr Vohor is very likely in breach of Article 63(4) of the Constitution..
10 RECOMMENDATIONS
Group of 19 publicly apologise to the People of Vanuatu
10.1 Our office has the difficult task of making recommendations. This task is not entered into lightly, and no decisions are made without thorough consideration of the facts and the best interests of Vanuatu. With our hearts hoping for a better Vanuatu we state our conclusion and recommendations. A Leader is elected to lead. If a leader refuses to lead he should resign.
10.2 Each and every one of the above Leaders have disgraced Vanuatu, our country which they swore to honour and serve. To welcome and defend an international fugitive for money and politics is conduct worthy of nothing more than contempt internationally and at home. The above politicians may be in positions of Leadership. But let it be known that they are no longer leading the people or the country. The above politicians may be leading themselves and lining their pockets; but they are not leading the country and we therefore recommend that that they all publicly apologise to the People of Vanuatu.
Extradition of Mr Jung back to Korea
10.3 Regarding Mr Jung, in less than a year he has caused two Ombudsman investigations into his actions. Additionally, he should bear responsibility for his criminal actions back home in Korea. For once Mr Jung should act honourably and not flee. Mr Jung should face his responsibilities in Korea. Mr Jung has damaged Vanuatu’s reputation and standing enough and he should be forced to leave, never to return. The Korean authorities wish to arrest him and have offered to send agents to Vanuatu to escort Mr Jung back to Korea. Until the Government agrees to that request then Vanuatu is left as the laughing stock in the eyes of the World.
Letters seeking pardon to be formally withdrawn
10.4 I recommend that the 19 leaders concerned write to the President of South Korea formally withdrawing their letters that have caused considerable embarrassment.
Dated this 29th day of January 1998
Marie-Noelle FERRIEUX PATTERSON
OMBUDSMAN OF THE REPUBLIC OF VANUATU
11 TABLE TO APPENDICES
3A. Ministry of Foreign Affairs Document regarding Mr Jung.
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12 TABLE OF RESPONSES
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