Victim opposes Gatdula’s bid to suspend DOJ probe

Noriyo Ohara, the Japanese woman allegedly kidnapped by National Bureau of Investigation (NBI) operatives, has opposed the bid of former NBI director Magtanggol Gatdula to suspend the preliminary investigation on her complaint for kidnapping and extortion against him.

In her eight-page comment, Ohara asked the Department of Justice (DOJ) panel to dismiss Gatdula‘s petition.

She also sought the dismissal of the motion filed by civilian agent Virgilito “Labsky” Gutierrez, seeking the inhibition of the DOJ panel and the transfer of venue of the preliminary investigation to Manila City prosecutor’s office.

Through her lawyer Lorna Kapunan, Ohara said the case stemmed from her complaint and not from the findings or recommendations of the factfinding panel, which was the subject of Gatdula’s petitions in the Supreme Court and the Manila regional trial court.

“It cannot thus be restrained by any injunction and should not be suspended by this honorable court,” she said.

She also dismissed Gatdula‘ s argument that the preliminary investigation has “no more leg to stand.”

She added that there was no reason for the members of the DOJ panel to inhibit themselves from the case as requested by Gutierrez.

Gutierrez, in his motion for inhibition and change of venue, claimed that he would not get a fair trial from the panel because it was created by Justice Secretary Leila de Lima whom he alleged had prejudged the case.

Ohara, in opposing Gutierrez’s motion, claimed that Gutierrez failed to substantiate his claim that the panel is biased and impartial apart from the fact that it was created by De Lima.

“The alleged deplorable squabble between the Secretary of Justice and respondent Magtanggol Gatdula would have absolutely no connection to the outcome of this case,” Ohara said in her separate nine-page comment and opposition to Gutierrez’s motion.

The DOJ set the next hearing on April 2. –