Leave to seek review denied

By ZEDAIAH KANAU
SUSPENDED Higher Education, Research, Science and Technology Department secretary Prof Fr Jan Czuba was denied leave to seek a review of the National Executive Council (NEC) decision suspending his appointment.
In handing down his decision yesterday, Waigani National Court Judge Nicholas Miviri said “judicial review abides with internal process” and that “he (Czuba) is not affected until the final determination of the process internally”.
“This is a case where a highly learned person holding the title of professor, a secretary of a department and a Catholic priest who ought to know what due process on law and equity is,” Justice Miviri said.
“You should have been humbled to allow completion before running the trot here. Christ did not accuse his accusers, nor did he retaliate to them with a sword.
“He said to Peter ‘those who live by it, die by it’.”
Justice Miviri said Fr Czuba was still with the department but had been suspended for three months with all that the position offers in his hands.
He said Fr Czuba would be affected and would have standing when the final decision in that process was out.
“The gazettal is clear, it is three months in the making until final determination which will give him the standing and the leverage to come to court,” he said.
“As it is, the internal process has not been exhausted, it has just begun, and, therefore, he is not properly in court.
“It is clear in the way the minister sets out to act in the first place.
“There is no immediate suspension but a mutual request for him (Czuba) to volunteer and there are steps that emanate after leading to the eventual suspension.
“It is an open transparent process and there is no innuendo or ulterior motive by the evidence set out above, except to exhume the truth where it lies.”