REPUBLIC OF VANUATU

OFFICE OF THE OMBUDSMAN

PMB 9081
Port Vila
Vanuatu

PUBLIC REPORT

ON THE

ALLEGED MISAPPROPRIATION OF POLICE
SINGLE POLICE OFFICERS MESS FUND

3 June 2003

9095/2003/10

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PUBLIC REPORT
ON THE
ALLEGED MISAPPROPRIATION
OF THE SINGLE POLICE OFFICERS MESS FUND

SUMMARY

The Ombudsman received a complaint alleging that the single police officers mess at the Independence Park was forced to close down in December 1998 because there was an alleged misappropriation of the mess fund. 

The single police mess was being run by funds that are being deducted from the single police officers salaries each payday to purchase food for the single police officers in order for them to have meals in the central area. The amount deducted was 2.525 Vt to 3,000 Vt per head per fortnight.

The Ombudsman found that the mess was closed for two main reasons. The reasons were that:
-	There was a shortage of manpower to run and manage the single police officers mess, because some of the police officers who worked in the mess were short listed to be made redundant at the end of 1998, and,
-	There was an outstanding debt of Vt583.748 at the Center Point Supermarket. 

The Ombudsman also found that this debt was made in 1996 during the time when Superintendent Willie Samuel was managing the fund. At that time the salaries of 78 police officers were deducted each fortnight to the fund at the rate of 2.525 Vt per head. At this rate, the fund collected 196.950 Vt each fortnight from these deductions. From this calculation, the fund should receive Vt 4.726.800 in 1996 alone

The Ombudsman also found that the mess funds was being authorized by the former Commissioners of Police to be used for other purposes other than food for the single police officers. The investigation also found that 100.000 Vt was authorized to be taken from the mess funds to buy a billiard table in 1990 and a further 300.000 Vt was given to a senior police officer in the Force to use for personal purposes. 

However, evidence gathered during the enquiry of this report confirmed that the amount of money borrowed were refunded at two different times in 1992 and 1999.

The Ombudsman also found that the outstanding debts of Vt583.748 at the Center Point Supermarket must be made due to alleged mismanagement and misappropriation of the mess funds by the police officers who managed the fund

Following this enquiry, the Ombudsman has made the following recommendations in this report:

-	That, the Auditor General’s Office assist the Police Department to audit the Mess Fund so that proper records of the expenditures of the mess funds are recorded.
-	The Internal Investigation Section should lay charges against any police officers who may have misappropriated the mess funds which may be released in the Auditor General’s report
-	That the committee be formed comprising only of single police officers, whose salaries are being deducted each fortnight and that such committee would manage the fund.
-	That the Police Commissioner, or any other senior police officers be no longer responsible of this fund. 
-	That, the expenditures from the fund be audited annually by an accountant and the financial report to be released to all single police officers whose salaries are being affected for their information

TABLE OF CONTENTS

SUMMARY
1. JURISDICTION
2. PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED
3. RELEVANT LAWS, REGULATIONS AND RULES
4. OUTLINE OF EVENTS
5. RESPONSES BY THOSE WITH COMPLAINTS AGAINST THEM
6. PRELIMINARY FINDINGS
7. RECOMMENDATIONS
8. INDEX OF APPENDICES

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1. JURISDICTION

1.1 This report is made in accordance with the Constitution and the Ombudsman Act. These laws give power to the Ombudsman to look into the conduct of the officers working in the Government and Government authorities. This includes the jurisdiction of the Ombudsman to inquire into administration of the Vanuatu Police Force, including the funds that is used for the single police officers mess.

2. PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED

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

2.2 The scope of this investigation is to establish the facts about how the police single officers mess fund was used and to determine whether the funds was misappropriated by the police officers who managed the fund.

2.3 This Office collects information and documents by informal request, summons, letters, interviews and research.

3. RELEVANT LAWS, REGULATIONS AND RULES

PENAL CODE

-	A person commits misappropriation of property who destroys, wastes or converts any property capable of being taken which has been entrusted to him for custody, return, accounting or any particular manner of dealing (not being a loan of money or of monies for consumption).

(a) No person shall cause loss to another-

5 by theft;
6 by misappropriation; or
7 by false pretences

Penalty: Imprisonment for 12 years

(b) No person shall-

(a) without lawful authority appropriate any generated energy
(b) without lawful authority use any property of another notwithstanding that he does not (c) have the intention permanently to deprive the owner of it;
take or misappropriate his own property which is charged by any debt due by him.

Penalty: Imprisonment for 18 years.

POLICE GENERAL ORDERS

-	MISCONDUCT

Any police officer who fails to comply with or disobeys any Police General Order, Force Standing Orders, Financial Instruction or Stores Regulation from time to time in force, may be charged with misconduct under the provisions of the Police Act and Rules made thereunder.

114. DISCIPLINARY PROCEEDINGS

4. Whenever a Formation Commander or officer in charge of a section has reasonable cause to believe that a police officer under his command has committed an act of misconduct, he shall act in accordance with Force Standing Orders and the provisions of the Police Act and Police Rules relating to discipline.

One disciplinary proceedings (including the preliminary inquiries) have commenced, the responsible officers must ensure that there is no unnecessary delay and that proceedings are pressed to their conclusion with all possible speed.

5 Whenever an officer is interdicted, suspended from duty of dismissed from the Service, the responsible officer concerned shall at once inform the Director General of Finance and the Auditor General.

6 Any letter to an officer conveying disciplinary charges against him under the provisions of the Police Act, Force Standing Orders or these Orders may, when it cannot otherwise be delivered to him, be delivered at the officer’s last known address.

4. OUTLINE OF EVENTS

4.1 On 13 October 1998, the Office of the Ombudsman received this complaint from one of the member of the Police Force. He alleged that the single police officers’ mess fund was being misappropriated by police officers who were managing the fund. This allegation was made after the single police mess at the Independence Park was forced to close down at the end of December 1998.

4.2 This fund is being deducted from the single police officers salaries, for the purpose of purchasing food for the single police officers in order for them to have meals in the central area. The amount deducted was 2.525 Vt to 3,000 Vt per head per fortnight.

4.3 On 17 November 1998, in a letter to the Ombudsman, the Commissioner of Police, Mr Peter Bong confirmed that he had received the copy of the complaint. He advised that he had referred the complaint to the Police Internal Investigation Office (IIO) for further investigations into the matter.

4.4 On 22 January 1999, Inspector Noel Amkori from IIO confirmed to the Ombudsman that their office has received a directive from the Commissioner of Police to commerce investigations into the complaint

4.5 Upon investigations into this alleged misappropriation of the fund, the Office of the Ombudsman received the following information:

-	On 7 February 1992, the President of the officers mess committee, Captain Lester Roy wrote a letter to the Commissioner of Police to voice their concern about 100,000 Vt cheque which was taken out from the fund on 13 July 1990 by the Commissioner of Police to purchase a billiard table. However, no billiard table was purchased and the mess committee did not have any records of what happened to the 100.000 Vt. However, during the investigations, the Ombudsman found that this amount was refunded on 28 March 1992. (refer to Annex A).

-	On 29 July 1992, Mr Simon requested the Commissioner of Police to further allow him to borrow 300,000 Vt from the Police mess fund for a private overseas trip. He stated in that letter to the Commissioner that he intended to refund the amount in full at the end of August 1992 

-	However, during the Ombudsman’s investigation, we confirmed that Mr Simon refunded the 300.000 Vt in 1999. (See Annex B).

4.6 On 15 July 1998, Mr. Peter Bong ("Mr. Bong"), Commissioner of Police advised the Ombudsman about the police fund which was closed by the Director General of Finance. He stated that the Commissioner could not have access to the fund. He also stated that the fund was closed when Mr. Luc Siba was Commissioner of Police (refer to Annex C).

4.7 On 17 November 1998, Mr. Bong informed the Ombudsman that he has directed this matter to the Police Internal Investigation Office to investigate and report their findings to his office.

4.8 On 11 January 1999 the Ombudsman enquired about the matter with the Police Internal Investigation Office.

4.9 On 22 January 1999 Inspector Noel Amkori ("Inspector Amkori") from the IIO confirmed that their office had received a directive from the Commissioner of Police to investigate the complaint.

4.10 On 12 August 1999, the IIO sent a copy of their preliminary report to the Ombudsman’s Office. This report was made after the Internal Investigation Office has conducted an investigation into the complaint.

4.11 The following findings were made in the IIO’s report: (refer to Annex D).

-	Investigations was focussed on the outstanding debt of Vt 583.748 at the Center Point Store made in 1996 and the sudden halt of the Police Single Men’s Mess operation on December 1998.

-	Four officers were posted to cater for Mess operation at the independence Park’s Single Mess Kitchen. The officers were Sgt. Alan Tuku, Cpl. Kalsong Zepethy, Cpl. Judah Leo and Cpl. David Takiau.

-	The four officers were supervised by W/O Daniel Dam.

-	The Mess operation function smoothly until December 1998, when things started to turn out of order. Cpl. Judah Leo was scheduled to go on leave on December and Sgt. Tuku and Cpl. Zepethy were shortlisted to be made redundant towards the beginning of January 1999. This however, demoralised the two officers in carrying out their duties effectively. So, Cpl. Takiau was left alone to man the cook’s duty in the kitchen.

-	When this mess situation arised, W/O Dam arranged for more manpower to assist Cpl. Takiau in the mess. Some general duty police officers were listed to assist in the mess until some officers are posted permanently to work in the Police Single men’s mess.

-	When W/O Dam failed to get more cooks to assist Cpl. Takau in the Single Mess at the Independence Park, the mess was closed because Cpl. Takiau cannot cook the meals for all the single police officers alone.

-	After the mess was closed, alternative arrangement was made for single police officers staying at the Independence Park to go and have their meals at the VMF Mess. Unfortunately, these police officers were faced with transport problems. Sometimes these single police officers cannot find the transport to go to the VMF Mess for their meals.

-	When this situation came up, the police officers concerned complained about the unfair treatment of missing out on some of their rations. Then all the single police officers living at the Independence Park decided not to go to the VMF Mess and demanded that the deductions to their salaries be refunded at the end of each paydays. The officers were then refunded 3,000 Vt at the end of each payday.

-	Another factor which affected the closure of the Single Men’s Mess at the Independence Park was the outstanding debt of Vt583.748 at the Center Point Supermarket.

-	Investigations made on the records at the Center Point showed that the outstanding debt was made in 1996 when the fund was controlled by Superintendent Willie Samuel.

-	This outstanding debt raised questions as to how the fund was managed and how this debt was made and was not settled as there was enough funds to cater for the Mess requirements.

-	During 1996, there were 78 single police officers. The amount of 2.525 Vt was deducted each payday from each officer’s salaries. At this rate, the fund collected 196.950 Vt each fortnight from these deductions. Also at this rate, the fund should receive Vt 4.726.800 in 1996 alone.

-	According to this investigation, it certainly appears that there was mismanagement and misappropriation of the Police Single Mess Fund in 1996. This will be confirmed when investigations are done in the bank statements and copies of the cheques drawn from the bank during 1996.

4.12 On 29 August 2000, Inspector Amkori from the Police Internal Investigations Office advised the Office of the Ombudsman that their Office had sent a request to the Auditor General’s Office to assist with the auditing of the bank statements on the mess fund

4.13 Inspector Amkori also advised that the Police Single Mess at the Independence Park had been re-opened and it is in operation again.

5. RESPONSES BY THOSE WITH COMPLAINTS AGAINST THEM

5.1 The copies of this report was sent to those persons whose names appear in this report for their right to reply to the Ombudsman’s Office findings in this matter, and also copies of this report were sent to the responsible authorities for their comments to settle this complaint. The following responses were received:

5.2 Mr Holi Simon responded on 15 April 2003 and forwarded copies of letters that confirm that he had refunded the two amounts, that he has borrowed from the fund (Refer to Annexes E)

5.3 Mr Willie Samuel responded to the Working Paper and stated that the outstanding debts mentioned in 1996 was not made only in 1996. This debts was created before 1996 and the amount accumulated to the debt amount that was reported in 1996. He also mentioned some of the things that further need to be found out by the investigations before laying charges on people for the misappropriation (Refer to Annex F)

6. PRELIMINARY FINDINGS

6.1 Finding 1: The Police Fund

The Ombudsman found in this enquiry that Police Fund referred to in the documents in this investigations referred to the fund that is being deducted from the Single Police Officers salaries each fortnight for their food. This fund is being called as the Single Police Officers Mess Fund. The salaries deduction for the fund is being made and kept by the Finance Department and the fund is jointly managed by the police officer, chosen by the Commissioner of Police to supervise and manage the running of the Single Police Officers Mess. The Commissioner has the overall authority over this Fund.

6.2 Finding 2: The improper decision by the former Commissioner of Police

The enquiry found that the former Police Commissioners made improper decision in 1991, to allow the 100.000 Vt from the Mess Fund to be taken out to buy the billiard table for the officers mess. The Mess Fund was being deducted from the single police officers salaries for their food. This fund was raised solely for the purposes for feeding the single officers and nothing else. The decision by the Police Commissioner to use 100.000 Vt from this fund to purchase a billiard table that will be used in the officers mess was improper since that money came out from the single police officers salaries only to be use for their food. The officers mess is only used by senior police officers.

6.3 Finding 3: Senior Officers used this fund for their own benefit

The Ombudsman also found that senior police officers appears to take advantage of this fund to divert its use for other purposes other than food for the single police officers. An example for these was when the Commissioner of Police decided to take 100.000 from the fund to buy a billiard table for the senior ranking police officers to benefit from the fund that does not belong to them.

Another example was about the Commissioner of Police allowing a senior police officer to borrow 300.000 Vt from the fund for personal purpose. 

Even though that both the amounts were refunded, the Police Commissioners had no right to allow the fund from the single police officers salaries to be borrowed without their consents.

6.5 Finding 5: Further alleged misappropriation of the Mess Fund

This enquiry found that in 1996, the estimated total amount deducted from the officers salaries was estimated at 4.726.800 Vt. However, there were debts made in the supermarkets for food for the single officers when there was supposed to be enough funds deducted from their salaries for their food. The Ombudsman found that in 1996, Superintendent Willie Samuel was managing the Fund. However, this investigation did not managed to find out names of other senior police officers who may have allegedly misappropriated the fund previously. One evidence of this may have happened when the Director of Finance made a decision to close the Fund during the period when Mr. Luc Siba was Commissioner of Police (refer to Annex C).

7. RECOMMENDATIONS

The Ombudsman makes the following recommendations in this report:

Recommendation 1: That, the Auditor General’s Office assist to audit the Mess Fund so that proper records of the expenditures of the mess funds are recorded.

Recommendation 2: The Internal Investigation Section should lay charges against any police officers who may have misappropriated the mess funds which may be released by the Auditor General’s report.

Recommendation 3: Police Commissioner set up a Mess Committee to be responsible to manage the funds deducted from single police officers’ salaries. Furthermore, the accounts must be audited annually.

Recommendation 4: Police Commissioner must ensure that any decision to use the fund for other purposes other than food must be approved by the Mess Committee subject to the consent of the majority of the single officers whose salaries are being deducted into the fund

Dated the 3rd day of June 2003.

Hannington G Alatoa
OMBUDSMAN OF THE REPUBLIC OF VANUATU

8. INDEX OF APPENDICES

A Letter to confirmed that 100.000 Vt was repaid

B Letter to confirmed that 300.000 Vt was repaid.

C Letter to advise that the fund was closed by the Director of Finance when 
Luc Siba was the Police Commissioner.

D IIO’s report of the findings.

E Mr Holi Simon’s response to the Working Paper.

F Mr Willie Samuel’s response to the Working Paper.