The Ombudsman Commission today referred Hon. Philip Kuhena MHR, Member for Kopii Constituency, South Bougainville, Member of the Bougainville House of Representatives to the Public Prosecutor for alleged misconduct in office.
The Ombudsman Commission conducted an investigation and has granted Mr Kuhena, MHR a right to be heard which he failed to respond to, and having deliberated on the matter has determined that there is a prima facie case that Mr Kuhena has been guilty of misconduct in office.
As required by Section 20(2) of the Organic Law on the Duties and Responsibilities of Leadership, the Commission has notified Mr Kuhena of its intention to refer the matter to Public Prosecutor.
After being satisfied, for the purposes of Section 29(1) of the Constitution and Sections 17(d), 20(4) and 27(1) of the Organic Law on the Duties and Responsibilities of Leadership that there is a prima facie case that the Mr Kuhena, MHR, Member for Kopii Constituency, South Bougainville and Member of the Bougainville House of Representatives, has been guilty of misconduct in office, the Commission decided to refer Mr. Kuhena to the Public Prosecutor for his independent deliberations under Section 177(1) (b) of the Constitution.
The referral is in the hands of the Public Prosecutor who has the discretion to bring or decline to bring proceedings under the Leadership Code for alleged misconduct in office in accordance with Section 177(1) (b) of the Constitution.