Former Madang MP, Nixon Duban, and a senior public official have until November 4, 2024, to make restitution payments to Yagaum Rural Hospital in Madang after their jail sentences were suspended. The court decision, handed down early this month by Justice David Cannings at the National Court held in Madang, sentenced 47-year-old Duban and the senior public official Helen Kanimba for misappropriating K600, 000 intended for Yagaum Rural Hospital. The funds, sourced from the National Gaming Control Board, were meant for hospital infrastructure and medical equipment. The Gaming Board funds were parked in the Madang District Treasury operating account, which was under the control of both the offenders. Instead, they were unlawfully diverted between March to April 2013 to various other uses, including K200, 000 to Tumbuna Tracks Studios and K140, 000 to Yabob Lutheran Church. The court also noted that those who benefited from K202, 616.90 applied to an educational tour to Jayapura; and beneficiaries of K55, 000.00 “financial assistance” (Ivan Kanimba, K20, 000.00; Don Bosco Tech, K5, 000.00; Tingim Wanskin K30, 000.00). The court found that Duban, leveraging his position as both a Member of Parliament and chairman of the District Development Authority, orchestrated the diversion. Duban also expressed his sincere apologies to the Court and to the board of Yagaum Rural Hospital. He said that the diversion of funds that took place was always intended to be temporary and that the intention was that the hospital would get the funds allocated to it by the Gaming Board. He acted for noble intentions in accordance with his duties as the Member for Madang District. He emphasized that he did not personally benefit from the diversion of the funds. The funds were applied to other challenging needs of the district. These are the sort of tough decisions that a Member of Parliament must make as there are many demands put upon members which makes it difficult at times to decide which projects should get priority. As for the 63-year-old Kanimba, the Madang District Treasurer, she facilitated these transactions under his direction. She claimed that the key State witness had lied in evidence and that there was evidence in the District Treasury office that went missing, which would have proven that she made a full acquittal of funds she received for the Jayapura study tour. She said she had an unblemished record of 40 years of public service and had been appointed Provincial Treasurer in 2019, which demonstrates the high standing she had in the community until she was charged over this matter, which has caused so much distress. But Justice Cannings noted a severe breach of public trust and the large sum involved. However, the court acknowledged mitigating factors, such as Duban’s and Kanimba’s lack of prior convictions, their cooperation with authorities, and their strong community ties. Duban's poor health and Kanimba’s distinguished 40-year public service career were also considered. Duban received a five-year suspended sentence, conditional on paying K180, 000 to the hospital within six months. Kanimba was given a three-year suspended sentence, and required to pay K20, 000 within the same timeframe. Both must maintain good behavior until 2029 and 2027, respectively. Justice Cannings emphasized the importance of restitution in misappropriation cases, allowing the offenders a chance to compensate the hospital directly. “The promotion of restitution is an important and valid reason for suspending a sentence in certain circumstances.” “It must, of course, never be seen as allowing a person to “buy” their way out of prison.” “This would defeat the interests of justice and undermine confidence in its administration.” “I have decided, especially in view of the poor health of Mr. Duban and the advanced age of Mrs. Kanimba and again giving her credit for her hitherto long and distinguished career in public financial administration, to fully suspend their sentences.” “This will be conditional on them paying Yagaum Rural Hospital significant sums within a reasonable period.” “Two years is too long.” “The period is six months.” “As to the amounts they have to pay, I will not order full restitution.” “I don’t think that is realistic.” “I need to fix on amounts that are reasonable and realistic and from the hospital’s perspective, still meaningful and significant.” “In the case of Mr. Duban he must pay the hospital K180, 000.00 within six months after the date of sentence.” “In the case of Mrs. Kanimba she must pay the hospital K20, 000.00 within six months after the date of sentence.”