Fr Jan Czuba's lawyer files no case submission against his official corruption charges

 BY TREVOR WAHUNE 

Fr.Jan Czuba's lawyer has filed a no case submission, asking the Waigani National Court  to dismiss criminal proceedings against his client on grounds that the state failed to provide sufficient evidence to prosecute his client. 

Edward Sasingian from Sasingian Lawyers, moved his application this morning, before acting Judge Laura Kuvi.

He argued the state failed to provide the  agreement to the court, in which Fr. Jan had allegedly entered into facilitating payments to a PSG Accademia, the company responsible for building the department of higher educations selection system since 2017.

The charges he applied to be dismissed were in relation to allegations of abuse of office, against Fr. Jan. 

Mr. Sasingian also raised arguments that according to Department of Higher Education Research Science and Technology (DHERST) deputy finance officer Ruth Phillip's statement, there were 11 agreements outlined for the facilitation of the payments made to PSG Accademia, and another company Alpha Net Solutions.

The state prosecutors presented three of the agreements to the court  that Fr Jan had signed off for payments exceeding K1.3million which exceeded his threshold amount for approval. 

Sasingian further told the court that deputy finance secretary Steven Nukuitu, who was a witness called for the state, also gave evidence that all payments were made to the two companies for services rendered, after all processes of the payments were cleared by Finance, Treasury, and Department of Higher education, with the Central Bank. 

"There is nothing to make a case out of. 

"There was high level meetings, conducted by the accused, his deputies, and officers from these other entities, before  having the matter referred to the fraud office office, to be cleared. 

"All these processes, where exhausted before the payments were made transparently," Mr. Sasingian said. 

Lawyer Samantha Mosoro, from the public prosecutors office submitted in response that although the state agreed to drop two from four charges in relation to the cost of maintaining the online selection system was reminded by Justice Kuvi, that one of the states own witnesses had given evidence that the system was now saving the state K6million. 

"This is a very bizzare case where, where all of the states witnesses are giving evidence to clear the accused, and that most of the states evidences were instead tendered by the defence.

"The defence has not even made out their case and it already seems, there's nothing relevant to move this case forward," Justice Kuvi said. 

Meanwhile, Mr. Sasingian also moved an application for public prosecutors Trish Aihi, and Samantha Mosoro, to be referred to the Lawyers Statutory Committee for unprofessional conduct in misleading the court. 

Justice Kuvi adjourned the matter to next Thursday for a ruling on both applications.