THE State had failed to prove that the allegations of gross-abused of public funds and official corruption against Fr Jan Czuba.
Fr Jan is the current court-reinstated Acting Secretary for the Department of Higher Education, Research, Science and Technology (DHERST).
That’s the contesting submission by lawyer Gibson Bon of Gibson Bon Lawyers, who is assisting the accused Sebastian Bosco during submissions on verdict at the Waigani National Court last Wednesday, 7th June 2023.
Bosco is a public servant currently attached with the DHREST.
He (Bosco) was accused of posting defamatory materials and allegations against Fr Jan on social media and was charged with three counts of defamatory publications pursuant to s.219 (2) of the Cyber Crime Act 2016.
Bosco was also a complainant in another criminal matter involving Fr Jan but the Court dismissed the matter for lack of evidence and Fr Jan was subsequently reinstated in a separate proceeding as the Secretary for DHREST.
During the submissions on verdict yesterday, State lawyers maintained that the elements of the charges against Mr. Bosco were proven and that the court should hand down a conviction verdict.
In contesting the State’s submission, Mr Bon acting for Bosco, submitted amongst others that the State had failed to include crucial part of evidences which forms part of the publication.
He argued that the attachments, reference or the statement posted and the comments that followed suit were because of the attachments containing documentary evidences that confirmed the allegations made in the social media publication.
“State intentionally left out that very crucial evidences which confirms the truthfulness of the statement and extracted only the posts itself to sustain the charge which cannot go unnoticed in the watchful eyes of the court,” Mr Bon submitted.
He further submitted that the State also failed to provide evidences to prove that the post or publication was false and highly defamatory.
“The State failed to provide evidences of Leah Margis (State’s witness) application copy, shortlisted candidates as per the testimonies of both witnesses (Fr Jan Czuba and Leah Margis) from the witness box.
“The State also failed to provide the attachment of the post that included Ms Leah Margis and Fr Czuba’s direct involvement as business partners and associates of a company named D-iLux Ltd where they both are Directors and Shareholders. State monies have been allegedly channelled through this direct involvement.
“This allegation was in fact NOT trialed in a competent court, and that Fr Czuba was only cleared of the four charges that involved the Procurement of a Polish software company thus his re-instatement.”
“Fr Czuba was NOT cleared or acquitted of all eight criminal charges included engagement of his own companies and business associates as they were removed through indictment by State prosecution lawyers.
“The defendant cannot be convicted on the charges when these crucial evidences are missing or not proven by the State,” Mr Bon added.
He submitted that crucial documentary evidences for the second and third counts were also withheld by the State intentionally.
And by doing so, Mr Bon submitted that the State failed to establish the basis of the charges by rebutting and objecting to the allegations based on facts and figures.
Bosco’s lawyer therefore concluded that the State had not produced sufficient evidences to successfully convict the defendant and that the defendant be acquitted on all the charges forthwith.
Presiding acting judge, Justice Gerhard Linge, after hearing the submissions from both parties adjourned the matter to June 16 for a ruling.