David Kaya and Philip Kaman were arraigned by the Waigani National Court for misappropriating K5 million belonging to the landowners of East Awin in Western province. 

Kaya, 50 was from Western province and Kaman, 42 was from Jiwaka province. Kaya was chairman of Paiso Company Ltd – a landowner company for the people of East Awin. Kaya was following up on compensation claims on behalf of landowners. The claim was for damages to the people’s customary land that was acquired by the State in 1987 in East Awin to settle refugees from West Papua. Kaman was Kaya’s lawyer.

In 2009 and 2012 Kaya collected part payments that was made by the State. In 2014 Kaya submitted claim for K5 million compensation to the Department of Treasury under the name Paiso Company Ltd and was paid that amount. However, this payment was instructed by Kaya to be deposited into the trust account of Kaman & Company Lawyers owned by Philip Kaman. No beneficiary landowner received the payments.

The Court found that between October and December of 2014, the funds were misappropriated through various transactions, including cash withdrawals and transfers and payments of motor vehicles including servicing the Kaya’s various personal debts without any proper records being kept.

Sir Gibbs upon sentencing said that the people of Awin not only lost their land but also this money at the hands of men placed at positions of authority and trust.

The men were sentenced to 15 years respectively and was held that five years would be deducted from each if they repaid the K5 million to the people of East Awin.