PNG lawyer Samson Jubi receives ‘six-figure payout’ after erroneous ABC report

Samson Jubi, a lawyer who has lived in Cairns for almost 20 years, said the national broadcaster had made a presumption of his guilt.

PNG lawyer Samson Jubi earlier this year. Picture: Supplied

Papua New Guinean lawyer and businessman Samson Jubi has received a “significant” payout over an erroneous ABC report claimed that he was wanted for one of the biggest frauds in the island ­nation’s history.

One source estimated the the total cost to the ABC to be well in excess of $100,000, taking into account damages and legal costs, over a series of reports in 2022 that he said had “racist undertones”.

The ABC quoted claims by now-disgraced PNG minister Bryan Kramer that Mr Jubi, a Cairns resident, should be extradited to PNG and charged as part of a criminal case, alleging he misappropriated $117m from impoverished villagers affected by BHP’s environmental catastrophe at the OK Tedi mine in PNG more than 20 years ago.

While there was never an attempt by the commonwealth Attorney-General to extradite Mr Jubi, on Wednesday PNG’s Nat­ional Court found six individuals – who would have been his co-­accused had he been extradited – not guilty of mis­appropriation.

Mr Kramer was dismissed from parliament in May 2023 after he was found guilty of seven counts of misconduct. He is challenging the dismissal.

Mr Jubi, a lawyer who has lived in Cairns for almost 20 years, told The Australian on Friday that the national broadcaster had made a presumption of his guilt. “When the now disgraced PNG minister for justice made public calls for Attorney-General Mark Dreyfus KC to extradite me back to PNG to also face charges, our national broadcaster was only too happy to offer a megaphone to his words that alleged the worst form of wrongdoing against a lawyer,” Mr Jubi said.

He said he communicated with reporter Sean Rubinsztein-Dunlop on why the charges should be “treated with extreme caution” as well as the motives held by those calling for his extradition, but his claims were ignored. “I moved quickly to retain professionals to communicate to the ABC reporter Sean Rubinsztein-Dunlop why those charges had to be treated with extreme caution and the motives of those calling for my extradition. This would have come as no surprise to the ABC, who boasts years of reporting on corruption in PNG.

“The ABC ignored those efforts, publishing an article that painted me to be a criminal on the run. The article went on to note that I, a lawyer of some 30 years, paid a modest cash for my family home,” he said.

Mr Jubi, represented by lawyer Rebekah Giles and barrister Sue Chrysanthou, said the impact the stories had on his family were “profound … Despite Australia’s reputation for fairness, its own national broadcaster presumed guilt on the mere say so of a person now convicted of seven counts of misconduct and convicted me of an alleged fraud through its publication of Mr Rubinsztein-­Dunlop’s interview on ABC News – a trusted brand.

Samson Jubi was represented by Rebekah Giles and Sue Chrysanthou. Picture: Joel Carrett/NCA NewsWire

“It was never my desire to litigate against the ABC, but I had no choice when it failed to act reasonably in its response to a letter seeking to resolve the matter. My primary concern was to have the offending publications removed from the internet,” he said.

According to a notice of discontinuance filed with the Federal Court of Australia in December, the ABC acknowledged “further information” had emerged that the ABC and reporter did not have at the time of publication. One source estimated the ABC paid about $100,000 in damages to Mr Jubi, on top of other legal costs.

“Since the publication of the article and the broadcast, further information has come to light which the ABC and Mr ­Rubinsztein-Dunlop did not have at the time of publication,” the notice of discontinuance reads.

“In particular, in May 2023, Mr Kramer – the PNG minister for immigration who was quoted in the article and broadcast as calling for Mr Jubi’s extradition – was dismissed as a member of the PNG parliament after he was found guilty by a tribunal of seven counts of misconduct,” the discontinuance notice reads. “This development was not reported by the ABC at the time.”