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Vanuatu Ombudsman's Reports |
REPUBLIC OF VANUATU
OFFICE OF THE OMBUDSMAN
PUBLIC REPORT
ON THE
ALLEGED BRIBERY OF VOTERS AND ALLEGED BREACH
OF LEADERSHIP CODE
BY MR BARAK TAME SOPE
17 July 1998
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TABLE OF CONTENTS
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'They encourage themselves in an evil matter: they commune of laying snares privily and they say 'who shall see them?' They search out iniquities, they accomplish a diligent search both the inward thought of them, and the heart, are very deep: But God shall shoot at them with an arrow and suddenly shall they be wounded. So shall they make their own tongue to fall upon themselves, all that see them shall flee away, and all men shall fear... '
Psalms 64 v 5-8.
Once more the Ombudsman Office finds itself reporting yet another clear example of contempt for legal and honest procedures by a leader so desperate to hold on to power that he was prepared to intervene and interfere in the vital matter provision of food.
With appointed processes of providing aid on a fair basis to needy and helpless citizens and to resort to coercion and blackmail to secure the votes from these dependent people that would enable him to hang onto power.
Readers will observe that Mr Sope and his accomplice in this shameful scheme, Mr Figa, have avoided giving a written reply to the Ombudsman’s charges, but the public will have no difficulty in understand the whole purpose and intentions of all these actions.
1. SUMMARY
1.1 Fifteen (15) days before the general election on 6 March 1998, a complaint was received by the Ombudsman against Mr Barak Sope ('Mr Sope'), leader of the Melanesian Progressive Party ('MPP'). The complainant alleged that Mr Sope had arranged for 100 bags of rice and 50 bags of flour to be sent on MV Saraika to the MPP supporters on Aniwa island. The rice and flour was alleged to have purposely sent to bribe voters on Aniwa to vote for the MPP candidate in the Tafea Outer Islands Constituency. The allegations were denied by Pastor Samuel Betfo ('Mr Betfo'), a MPP leader on Aniwa. Mr Belfo said that Mr Sope sent the rice and flour to everyone and that everyone had shared it.
1.2 The Tafea Provincial Government ('TPG') and the National Disaster Management Office ('NDMO') were not made aware of the rice and flour sent to the people of Aniwa. The rice and flour was paid for by Mr Antoine Jacques Alcide ('Mr Alcide'), a MPP representative who lives in Australia.
1.3 Following an enquiry by the Office of the Ombudsman I have concluded that the complaint was justified. Sections 45, 46 and 47 of the Representation of the People Act are electoral laws that make it illegal for a person to directly or indirectly bribe, treat or influence a voter to vote for a candidate in an election. One of the fundamental principles of the Leadership Code is that a leader cannot use public office for private gain. I have concluded that Mr Sope acted contrary to the provisions of these electoral laws and thus breached the Leadership Code in using his office for personal political gain and acted without integrity.
1.4 My report recommends that the Police and Public Prosecutor investigate the matter with a view to considering criminal prosecution of Mr Sope.
2. JURISDICTION
2.1 Under the Constitution and the Ombudsman Act, I have jurisdiction to enquire into the conduct of government and related bodies, which includes the conduct of the Ministers of State and Members of Parliament. I also have jurisdiction to enquire into defects in law and possible breaches of the Leadership Code. Mr Barak Sope as Minister of Trade, Commerce and Industry at that time of these events was a leader under the Constitution and the Ombudsman Act.
2.2 The Ombudsman Act continues to apply to this case regardless of its possible repeal, since the investigation began while the Act was in effect. The Interpretation Act [CAP 312] states that any ongoing investigation may be continued as if the repealing Act had not been passed (s.11(1)(e)).'
3. PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED
3.1 The scope of this investigation is to ascertain the relevant facts with respect to the bags of rice and flour sent to the people of Aniwa by Mr Sope during the election period and to determine whether:
the conduct of Mr Sope in sending the food to the MPP supporters in time for election was proper;
Mr Sope's administrative practice in not informing the National Disaster Management Office about the relief supply was defective;
Mr Sope breached the Leadership Code
3.3 This Office acquired relevant information and documentation by informal request, summons, correspondence, personal interviews and research.
4. OUTLINE OF EVENTS
4.1 On 4 November 1991, Mr Sope wrote a letter to Mr Antoine Jacques Alcide and appointed him as a representative of Melanesian Progressive Party ('MPP') in Australia. As the MPP representative in Australia, Mr Alcide was authorised to carry out the necessary initiatives to promote the interest and support of MPP in trade, commerce and finance. The letter is attached as 'annex A'. Mr Alcide also acts as the agent between the rice suppliers in Australia and the Cooperative Federation in Vanuatu. He lives in Melbourne, Australia.
4.2 In 1997, Vanuatu went through a very long dry season which affected the growth of food crops in many islands . There was shortage of food in the communities and around the islands in the country. Aniwa island is one of the islands that was badly affected by the drought. The Tafea Provincial Government had then established a Disaster Committee to help identify the areas most badly affected and to help distribute any donations of food that would be received from any governments, organisations or groups.
4.3 Sometime in December 1997 the Senior Planner of the Tafea Provincial Government, Mr Marcel Manua, discussed verbally with Mr Alcide the possibility for him to find ways to donate food (rice) to some communities in the Province which were badly affected by the long dry season in 1997. This negotiation was made as part of the Province’s disaster program. As noted above Mr Alcide acts as the agent between the rice suppliers in Australia and Cooperative Federation in Vanuatu
4.4 On 12 January 1998, the Electoral Commission published an order and declared the names of candidates to contest the election and also declared 6 March as the date of the general election
4.5 On 3 February 1998, the people of Ikaukau village, Aniwa, held a meeting to find ways to feed the people. In that meeting, Chief Rena Sereva appealed to the people to make request to the Government and different organisations for help.
4.6 On 18 February 1998, after learning about MV Saraika’s trip to Tanna, Mr Manua asked the ship’s management to transport 130 bags of rice. The rice was bought by the Province from the Au Bon Marche store in Vila to Tanna. The Tafea Provincial Government paid 195,000 Vt for 100 bags of rice and Au Bon Marche donated another 30 bags towards its disaster relief program. The management of MV Saraika ignored Mr Manua's request. MV Saraika is owned by the people of Ifira island where Mr Sope is from. Ifira island has a very strong base for MPP support.
4.7 On 18 February 1998, we were informed by a staff of the Cooperative Federation that they loaded 100 bags of rice and 50 bags of flour onto MV Saraika to take to Aniwa. All the bags of rice and flour had the name of Pastor Samuel Betfo written on them. Ps Betfo is alleged by Mr Manua to be a strongman for MPP on Aniwa island.
4.8 On 19 February 1998, we were informed by Mr Manua that one of the Secretaries in the Ministry of Trade, Commerce and Industry, Mr Kai Patterson, told him by phone that the bags of rice sent to Aniwa on MV Saraika were for the MPP supporters. Mr Patterson stated that Mr Sope asked for the rice to be sent to the people in Aniwa.
4.9 On 19 February 1998, at about 5.30 pm, MV Saraika arrived at Aniwa with the 100 bags of rice and 50 bags of flour.
4.10 On the arrival of MV Saraika in Aniwa, an MPP supporter, Mr Alkon Alick, made an announcement to the people on the beach that only the rice for the MPP supporters had arrived on the ship. This announcement was witnessed by some of the leaders in Aniwa whom the Ombudsman contacted during the course of this investigation.
4.11 All the bags of rice and flour were transported to Ps Betfo’s house for storage. Ps Betfo lives in a small village near Ikaukau village which is used as the MPP headquarters for MPP meetings.
4.12 On 20 February 1998, I received a complaint from Mr John Shing about the 100 bags of rice and 50 bags of flour that had been transported to Aniwa on MV Saraika. Mr Shing alleged that the rice was being used by MPP for its political propaganda for the 6 March general election. Mr Shing was the candidate for the Vanuatu Republican Party for Tafea Outer Islands Constituency. Aniwa is included in this constituency.
4.13 On 20 February 1998, I contacted the National Disaster management Office ('NDMO') in Vila. NDMO stated that it had not received any information about the rice being donated through the Minister of Trade, Commerce and Industry to the people of Aniwa as part of the disaster relief program.
4.14 On 20 February 1998, Mr Solomon made a phone call from Aniwa to the Ombudsman and confirmed the arrival of rice in Aniwa on MV Saraika. He confirmed that all the bags of rice and flour had the name of Pastor Samuel Betfo written on them.
4.15 Mr Solomon also mentioned that on the arrival of the cargo, in Aniwa, Mr Alick told the crowd that only the rice belonging to the MPP supporters had arrived on the ship. Mr Solomon stated that Mr Alick told the crowd that if anyone needs to eat the rice then he or she must vote for the MPP candidate (see 9.10).
4.16 On 20 February 1998, we were informed by Mr John Kala that Ps Betfo and another MPP man, Mr Alfred James started distributing the rice and flour to only the MPP supporters in Aniwa.
4.17 On 21 February 1998, Mr Kala stated that Mrs Velulu Kalmon went to get some of the rice for her family. The MPP supporters then told her that she must cast her vote for the MPP candidate or she would not be allowed to send her oranges on MV Saraika again to be sold in Vila.
4.18 On 22 February 1998, Mr Kala said that Mr James went around the Ikaukau village and made threats to the people that if they did not cast their votes on the 6 March general election for the MPP candidate, their oranges would not be transported to Vila on the MV Saraika to be sold there.
4.19 On 23 February 1998, the MPP supporters went around the community to collect names of the people who received the rice. They then stated that these people would have to vote for their MPP candidate.
4.20 On 23 February 1998, one of the crew member of MV Saraika confirmed to the Ombudsman's Office that they had delivered 100 bags of rice and 50 bags of flour in Aniwa during their latest trip there. He also confirmed seeing officials from the Ministry of Commerce, Trade and Industry supervising the delivery of the rice and flour to the wharf to be loaded onto MV Saraika on 18 February 1998. The cargo came from the Cooperative Federation store.
4.21 On 24 February 1998, I contacted the Ifira Shipping Agency and talked to Mr Kalpovi Kalsakau who confirmed Mr Manua's request for MV Saraika to transport the bags of rice for their disaster relief program.
4.22 On 24 February 1998, the General Manager of Cooperative Federation, Mr Horrison Ores informed the Ombudsman that the Cooperative Federation is an importer of rice from a supplier in Australia. The Federation has an agent in Australia who acts on behalf of the Cooperative Federation in Australia. His name is Antoine Jacques Alcide. Mr Alcide receives a commission for the orders that the Cooperative Federation make to the rice suppliers in Australia.
4.23 Mr Ores also stated that Mr Manua of the Tafea Province had made contacts with the Cooperative Federation about the possibility of placing orders for the rice for its disaster relief program. However, no firm agreement was reached between the Cooperative Federation and the Tafea Provincial Government to supply the rice to the Tafea Province. This statement was also confirmed by Mr Manua.
4.24 Mr Ores stated that, one of the Coop Fed staff, Mr Robert Figa was directly involved with the rice sent to Aniwa. However, he commented that the company is doing business according to the orders that are placed through the company. What happens to the cargoes after and how it is distributed is not the company’s business. Mr Ores stated that although the invoices were in the names of Pastor Samuel and Antoine, the invoices would be sent to Mr Alcide in Australia to pay for the rice. The copies of the invoices are 'annex B'.
4.25 On 24 February 1998, Mr Manua informed us that originally, the Tafea Province made a request to Mr Alcide in Australia for the possibility to donate some bags of rice to help with its disaster relief program (see 3.3). If Mr Alcide had wished to make a donation then the rice was to be sent through the Cooperative Federation in Vila. However, no firm agreement was reached between the parties for this arrangement. This statement was also confirmed by Mr Ores.
4.26 Mr Manua alleges that Mr Alcide may have informed Mr Sope about the arrangement made between the Tafea Province, Coop Fed and himself. He also alleges that Mr Alcide may have some family or political connection with Mr Sope. Mr Manua’s allegation is consistent with the fact that Mr Alcide is a member and supporter of MPP (see annex A).
4.27 On 24 February 1998, Mr Manua lodged an official complaint to the police about the rice being used by MPP to influence voters on Aniwa Island. He asked the police to take appropriate actions against those involved as their actions appeared to be in breach of the provisions of Representation of the People’s Act. The copy of the complaint made to the police is attached as 'annex C'.
4.28 On 25 February 1998, the Ombudsman was informed by Mr Manua that Mr Alcide phoned him from Australia and begged him to withdraw his complaint to the police. However, he received advice from his superiors not to withdraw the complaint.
4.29 On 3 March 1998, Mr Figa informed the Ombudsman’s Office that just before the 18 February 1998, Mr Alcide instructed him to send the rice and flour to Aniwa. He gave his reasons as part of the promotion of a new brand of rice that they were trying to promote for consumption in Vanuatu.
4.30 Mr Figa said the personal security guard for Mr Sope approached the Coop Fed and told them to address all the bags of rice and flour to Ps Betfo in Aniwa. Mr Figa said that he thought Ps Betfo would be the right person to distribute the rice because he is a pastor.
4.31 Mr Figa admitted that the Coop Fed did not inform the NDMO or the Tafea Province about this rice before it was sent to Aniwa. His reason was that they were informed of MV Saraika’s schedule to travel to the southern ports at very short notice and had to rush to the wharf with the bags of rice and flour to be loaded onto the ship. After this, neither Mr Figa or Mr Sope informed the NDMO about the rice being sent to Aniwa to help the people.
INFORMATION OBTAINED THROUGH THE INTERVIEWS AND INVESTIGATION.
4.32 Mr Alcide is a supporter and a member of the MPP. He worked for the promotion of MPP in Australia and Vanuatu (see annex 'A')
4.33 Mr Sope failed to inform the Tafea Provincial Government and the NDMO whose role it is to coordinate the distribution of disaster relief donations. Instead, Mr Sope arranged for the rice to be sent to Aniwa to his MPP supporters just 15 days before the date of the general election. The Tafea Provincial Government and the NDMO were not informed about the rice until the complaints were made public through the media.
4.34 Mr Sope appeared to be implicated in this supply of rice just before the election. Support for this is the fact of Mr Sope’s personal bodyguard instruction to the Coop Fed staff to address all the bags of rice and flour to Ps Betfo. Likewise, Mr Kai Patterson's phone call to Mr Manua on 19 February 1998 supports Mr Sope’s role as the author of the rice delivery (refer 3.8 above).
4.35 The timing chosen for the alleged promotion of that brand of rice by Mr Alcide, Mr Sope and Mr Figa in my view was more than a co-incidence. It had an ulterior purpose of seeking to influence voting on Aniwa. Mr Sope as a leader of a political party was aware of the election date.
5. RESPONSES TO THE PRELIMINARY REPORT
5.1 The preliminary report in this matter was issued on 3 April 1998 in accordance with Article 62(4) of the Constitution and Section 16(4) of the Ombudsman Act. These laws requires that the person or body complained of or about who adverse comment is made be given an opportunity to reply to the complaints made against them.
Responses were received from:
Mr Antoine Alcide:
5.2 In his response, he admitted being in contact with the Tafea Province since 1997 to supply the Province direct with their products (rice). However he denied being asked by Mr Manua to help with the Province's disaster relief program.
5.3 Mr Alcide confirmed arranging for the 100 bags of rice and 50 bags of flour to be sent to Aniwa as part of his company's program. He denied being in contact with Mr Sope for the rice to be sent to Aniwa. He stressed that the rice and flour were sent there for promotion purposes and not a donation.
Ps Samuel Betfo:
5.4 In his response, Ps Betfo said he is a pastor not a politician. However he confirmed that he is a MPP supporter. People of Aniwa were suffering after the effect of the dry season in 1997. The chief held a meeting with the people and asked them to make requests to the Government and other organisations for donation of food to Aniwa.
5.5 They made a request to the Minister of Trade, Commerce and Industry, Mr Sope. Mr Sope answered their request by sending the rice and flour.
However, he denied that the rice was sent purposely to bribe the voters. He said he received instructions from Mr Sope to share the rice to everyone.
Mr Marcel Manua & Mr John Kala:
5.6 In a joint response by the above persons, the two chiefs, Chief Samoria David and Chief Rolland Jeftah made a statement to confirm that the rice was sent purposely by MPP to bribe voters. It was only after the media released news on the complaint about the rice that Mr Sope instructed Mr Betfo to share the rice to everyone. However, not every household receive that rice.
5.7 Mr Manua repeated that there was no agreement between the Province and Mr Sope and/or Mr Alcide to send the rice to Aniwa to help the people. He sent a reminder that any outside help that is intended to be sent to the Province to help any communities after a disaster must pass through the NDMO and Tafea Provincial Government.
5.8 In this case, this official procedure was not followed. Additionally, the rice was sent to a person (Ps Betfo), who is not a member of a disaster committee in Aniwa but a supporter and leader of MPP on the island. When the rice arrived in Aniwa on 19 February 1998, Alfred James phoned the Tafea Province and informed them on the above date that Mr Sope has sent some rice for his supporters.
No responses were received from:
Mr Barak Sope, former Minister of Trade, Commerce and Industry and present Member of Parliament for Efate Rural, and;
Mr Robert Figa, Deputy Manager of Cooperative Federation.
6 RELEVANT LAWS AND REGULATIONS
The Representation of the People’s Act:
Laws relating to bribery of voters in an election
(1) A person commits the offence of bribery-
(a) if he directly or indirectly by himself or by other person -
(i) gives any money or procures any office to or for any voter or for any other person on behalf of any voter or to or any other person in order to induce any voter to vote or refrain from voting;
(ii) corruptly does any such act on account of any voter having voted or refrained from voting; or
(iii) makes any such gift or procurement to or for any person in order to induce that person to procure, or endeavour to procure, the election of any candidate or the vote of any voter;
or if upon or in consequence of any such gift or procurement he procures or engages, promises or endeavours to procure the election of any candidate or the vote of any voter;
(b) If he advances or pays any money or causes any money to be paid to or to the use of any other person with the intent that such money or any part thereof shall be expended in bribery at any election, or knowingly pays any money or causes any money to be paid to any person in discharge or repayment of any money wholly or in part expended in bribery at any elections;
(c) if before or during an election he directly or indirectly, by himself or by any other person on his behalf, receives, agrees or contracts for any money, gift, loan or valuable consideration or any office, place or employment for himself or for any other person for voting or agreeing to vote or from refraining or agreeing to refrain from voting;
(d) if after an election he directly or indirectly by himself or by any other person on his behalf receives any money or valuable consideration on account of any person having voted or refrained from voting or having induced any other person to vote or refrain from voting.
(2) For the purposes of subsection (1) of this section -
(a) references to giving money include references to giving, lending, agreeing to give or lend, offering, promising and promising to procure or to endeavour to procure any money or valuable consideration; and
(b) references to procuring office include references to giving, procuring, agreeing to give or procure, offering, promising and promising to procure or to endeavour to procure any office, place or employment.
(Emphasis added)
Laws relating to treating
6.2 S 46 of the Representation of the People’s Act specifies that:
A person commits the offence of treating -
(a) if he corruptly by himself or by any other person either before, during or after an election directly or indirectly gives or provides or pays wholly or in part the expenses of giving or providing any food, drink or entertainment to or for any person -
(i) for the purpose of corruptly influencing that person or any other person to vote or refrain from voting; or
(i) on account of that person or any other person having voted or refrained from voting or being about to vote or refrain from voting;
(b) if he corruptly accepts to take food, drink or entertainment offered in the circumstances and for the purpose mentioned in paragraph (a) of this section.
(Emphasis added)
Laws relating to undue influence
A person commits the offence of undue influence if -
(a) He directly or indirectly by himself or by any other person on his behalf -
(i) makes use of or threatens to make use of any force, violence or restraint; or
(ii) inflicts or threatens to inflict by himself or by any other person any temporal or spiritual injury, damage, harm or loss upon or against any person, in order to induce or compel that person to vote or refrain from voting, or on account of that person having voted or refrained from voting; or
(b) by abduction, duress or any fraudulent device or contrivance he impedes or prevents the free exercise of the franchise of a voter, or thereby compels, induces or prevails upon a voter either to vote or to refrain from voting.
(Emphasis added)
Laws relating to penalty for corrupt practices
(1) The offences for personation, bribery, treating and undue influence are corrupt practices for the purposes of this Act.
(2) A person convicted of a corrupt practice shall be liable on conviction to a fine not exceeding Vt 100,000 or to imprisonment for a term not exceeding 5 years or to both such fine and imprisonment.
(Emphasis added)
7 FINDINGS OF WRONGFUL CONDUCT AND MALADMINISTRATION
Wrongful conduct of the former Minister of Trade, Commerce and Industry Mr Barak Sope
FINDING NO: 1 FAILURE BY MR SOPE TO comply with the national disaster master plan
7.1 Mr Sope failed to follow the official procedures laid down in the National Disaster Master Plan (see Annex D) by the Government for the distribution of disaster relief supplies in Vanuatu. He failed to inform the NDMO to liaise with the Tafea Provincial Government for the distribution of the rice and flour to the people on Aniwa. Instead, he arranged to send the bags of rice and flour to the MPP supporters in Aniwa shortly before the National Election. The NDMO and the Tafea Provincial Government were not informed of the donation until the complaint were made public through the media.
FINDING NO. 2 MR SOPE BREACHED SECTION 45 (1) (a) OF THE REPRESENTATION OF THE PEOPLE ACT: BRIBERY
7.2 Mr Sope appears to have breached s 45 (1) of the Act by committing the offence of bribery. He indirectly used Mr Alcide to pay for such gifts, in this case, rice and flour, to induce the people of Aniwa to vote for the MPP candidate in the 6 March general election.
FINDING NO. 3 BREACH BY MR SOPE OF SECTION 45 (1) (c) OF THE REPRESENTATION OF THE PEOPLE ACT
7.3 Mr Sope appears to have breached s 45 (1)(c) of the Act by agreeing before the date of an election on behalf of the MPP to send gifts, in this case, flour and rice to the people in Aniwa to encourage them to vote for the MPP candidate in that constituency.
FINDING NO. 4 BREACH BY MR SOPE OF SECTION 46 (a) OF THE REPRESENTATION OF THE PEOPLE ACT
7.4 Mr Sope may have committed the offence of treating. That is, he indirectly before the March 6 election, used Mr Alcide with the help of others to provide rice and flour for the people of Aniwa, especially MPP supporters. By providing such food, it appears that Mr Sope purposely tried to influence the people of Aniwa to vote for MPP candidate.
FINDING NO. 5 BREACH BY MR SOPE OF SECTION 47 OF THE REPRESENTATION OF THE PEOPLE ACT
7.5 Mr Sope may have committed the offence of undue influence. He indirectly influenced the MPP leaders in Aniwa, Mr James, Mr Alick and Ps Betfo to use threatening words to other people of Aniwa on receiving the flour and the rice to vote for the MPP candidate.
FINDING NO. 6 BREACH OF THE LEADERSHIP CODE BY MR SOPE
7.6 Whether or not Mr Sope breached the provisions at a criminal level of proof, my view is that Mr Sope’s conduct is well below the standard expected of leaders under the Leadership Code. He obtained or attempted to obtain a private advantage for himself and his political party through misuse of his position as a Minister of State.
8 RECOMMENDATIONS
RECOMMENDATION NO. 1: POLICE AND THE PUBLIC PROSECUTOR TO PROCESS THE CASE TO COURT
8.1 I recommend that the Police and the Public Prosecutor investigate this matter with a view to considering the laying of criminal charges against Mr Sope for offences under the Representation of the People Act.
RECOMMENDATION NO. 2: MR SOPE NOT TO HOLD A POSITION OF THE MINISTER OF STATE AGAIN.
8.2 Following several of my previous reports made public on the breaches of the Leadership Code by Mr Sope, I again make this recommendation for Mr Sope never to be appointed by any future Prime Ministers to hold a position as a State Minister.
Dated the 17th day of July 1998
Marie-Noëlle FERRIEUX PATTERSON
OMBUDSMAN OF THE REPUBLIC OF VANUATU
9. INDEX OF APPENDICES
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