Court rejects application seeking to dismiss fraud case

By TREVOR WAHUNE
THE Waigani Committal Court has revoked an application seeking to dismiss an entire fraud case of a former acting finance secretary.
Magistrate Cosmas Bidar yesterday refused the application of former finance secretary Steven Gibson on the grounds that there was no law that allowed the district court to rule on such a motion.
“Ruling on such motions are only allowed for in the National Court,” he said.
Gibson, 58, from Manus, was previously discharged for want of prosecution but was re-arrested and charged with the same three counts, each applying dishonesty, conspiracy to defraud and abuse of office on Oct 9 last year.
It was alleged that he was acting finance secretary in 2012 when he instructed his deputy secretary to make payments to Paraka Lawyers. The payments totalled K66 million.
Bidar told Gibson that the statutory function of the district court was that the case should be allowed to proceed.
“The court has heard submissions from counsels in making the application and seeking the order that he seeks, but as I said, when someone is charged with an indictable offence, the district court assumes committal jurisdiction,” he said.
Bidar told Gibson of the case of Eremas Wartoto that was similar to his.
“Eremas Wartoto went through this court, he was committed to stand trial in the National Court,” Bidar said. “This application is on the same basis.”
He said the process of the committal court proceeding should still take its course.
Bidar told Gibson his right to defend himself was not removed in any way.
“This is a criminal system that is taking its process, it is just going through a system,” Bidar said.
Bidar said despite the fact the previous charges were struck out and that he was rearrested “there’s nothing wrong with that”.
“Charges had not been dismissed, they were just struck out. Police have the right to re-arrest and re-charge,” Bidar said.
Bidar adjourned the case to March 14.