PNG businessman sues ABC over ‘racist’ claims

Lawyer and businessman Samson Jubi says an ABC news report has ‘racist undertones’ after it claimed he was wanted over a $117m fraud.

Port Moresby, October 30, 2003. Samson Jubi (AAP Image/Jim Baynes)

Papua New Guinea lawyer and businessman Samson Jubi is suing the ABC over a report he says has “racist undertones” after it claimed he was wanted for one of the biggest alleged frauds in the country’s history.

The Cairns resident says the “sensationalist” report presented him as guilty of allegations he misappropriated $117 million from impoverished villagers affected by BHP’s environmental catastrophe at the Ok Tedi mine in PNG more than 20 years ago.

Mr Jubi is also suing ABC reporter Sean Rubinsztein-Dunlop over the piece, which he says contains gratuitous references to his “luxury SUV”, home, payments in cash and credit history in an attempt to portray him as guilty.

In a statement of claim, the businessman claimed there were “racist undertones” in the report, in suggesting that “it was remarkable or out of the ordinary that Mr Jubi, a migrant person of colour, bought a $240,000 home” – an amount he says was comparable to the average deposit for an Australian house at the time.

The reference was not newsworthy or even noteworthy, Mr Jubi’s lawyer, Rebekah Giles said, and would not have been made had he been white.

The businessman – who was granted Australian permanent residency more than 10 years ago – says he was defamed by the suggestion he fled PNG in 2015 to avoid the consequences of his crime and bought the home in cash in 2020 using the illegal proceeds from the fraud.

The ABC claimed the purchase was “a turnaround in fortunes” for the businessman whose previous Cairns home it said was repossessed five years earlier after he defaulted on a mortgage.

The 54-year-old businessman claims Mr Rubinsztein-Dunlop turned up unannounced and uninvited at his apartment in September last year and refused to leave when asked, despite Mr Jubi saying he was sick with the flu and could not answer the questions because the matters were sub judice in PNG.

He says Mr Rubinsztein-Dunlop promised not to film or photograph him but then recorded him anyway the following day.

Mr Rubinsztein-Dunlop claimed in an ABC interview that Mr Jubi “refused to do an on-the-record interview with us, declined that opportunity and also declined to answer written questions on the record including about how he funded that property purchase. But he fiercely maintains his innocence, he claims he’s the victim of a political witch hunt.”

Mine tailings dumped at the rate of 110 tonnes a minute into the Ok Tedi River from the Ok Tedi gold and copper mine, have killed 1600 square kilometres of rainforest. Pic Greg Roberts.

Mr Jubi claims he has received hate mail and death threats as a result of the reports.

The ABC piece contained statements by then-PNG Immigration Minister Bryan Kramer that he was frustrated with Australia for “harbouring” Mr Jubi and delaying an extradition request.

The broadcaster said Mr Kramer had cancelled Mr Jubi’s passport and would make a formal request by the Australian Border Force to deport him.

Mr Jubi says the ABC’s conduct was lacking in good faith because it did not report that Mr Kramer had subsequently been removed from office after claims of misconduct in office.

The Ok Tedi disaster caused severe damage along 1,000 km of the Ok Tedi and Fly Rivers in the Western Province of PNG when two billion tons of untreated mining waste was discharged from BHP’s open pit mine. It became the subject of a class action by villagers in which millions of dollars were paid in an out-of-court settlement.

The Australian has approached the ABC for comment.