Fr Jan to wait for court decision on submission to dismiss case

By BOURA GORUKILA
HIGHER Education, Research, Science and Technology secretary Fr Jan Czuba will wait for three weeks for the court to consider submissions from his lawyer Edward Sasingian and police prosecutor Snr Const Peter Samghy over a motion to dismiss a case against him.
Waigani Committal Court Magistrate Seth Tanei set Jan 7 for a ruling on the application filed by Sasingian by way of a notice of motion seeking dismissal because the committal court did not have jurisdiction to deal with the matter because of Fr Jan’s diplomatic status.
Sasingian submitted that Fr Jan raised an objection of jurisdiction.
“The committal courts do not have the power to deal with my client’s matter because of his diplomatic status,” Sasingian said.
“He wears two hats, he is the secretary for DHERST and the honourary consular for the Republic of Polland.
“Therefore, I make an application for dismissal under Section 10 of the Diplomatic and Consular Immunities Act 1975 supported with chapter 11 of the magistrate’s manual.” Snr Const Samghy submitted that Fr Jan was not a diplomat.
“He doesn’t have a diplomatic passport and is not covered by immunities,” he said.
“He is only a honourary consul and has committed the offence outside of consular immunities.
“Therefore, I submit that the grounds for seeking dismissal of the entire proceedings are immature and the motion is an abuse of the court process and should be dismissed.”
Fr Jan’s arrest was part of a K4.2 million investigation in relation to engaging a Polish software company, PCG Academia, to provide and manage software facilities for the national online selection system.
His bail was extended.