Aguirre won’t suspend prosecutors in Kerwin case

Justice Secretary Vitaliano Aguirre II has rejected the recommendation of the newly formed Presidential Anti-Cor- ruption Commission (PACC) to suspend the prosecutors who dismissed the charges against self-confessed drug trader Kerwin Espinosa and Cebuano businessman Peter Lim.

The Department of Justice (DOJ) chief stressed that he saw no reason to penalize Assistant State Prosecutors Michael John Humarang and Aristotle Reyes and their superiors who approved their findings even as he ordered the National Bureau of Investigation (NBI) to probe them, for which he apologized as being “improper

but necessary.”

“I could not see any basis for such (suspension),” he stressed in a text message.

Aguirre also questioned the basis of the PACC, which is chaired by Volunteers Against Crime and Corruption founding chairman Dante Jimenez, for coming up with such recommendation.

“It appears that they are not familiar with the workings and procedures on how the DOJ conducts preliminary investigations,” he pointed out.

He reiterated that it is not the prosecutors’ duty to gather evidence in a preliminary investigation. Their task is only to evaluate the evidence presented by both parties, he said.

Humarang and Reyes, for their part, decried the PACC recommendation as they vowed to disprove insinuations on their dismissal of the charges against the personalities publicly tagged by President Duterte as drug lords.

“We’re just doing our sworn duty and we are ready to face the allegations against us,” the two said in a statement yesterday.

The prosecutors maintained that they followed the law and the rules when they conducted the preliminary investigation.

“We conducted the preliminary investigation in accordance with the applicable rules and our resolution was based only on the evidence presented to us,” they said.

“During the preliminary investigation, the complainant was given all the opportunity to present its case. Under the present rules, we have no authority to procure evidence on the complainant’s behalf,” they added.

As this developed, the DOJ has started its reinvestigation on the drug charges against Espinosa and Lim.

The new panel led by Senior Assistant State Prosecutor Juan Pedro Navera summoned the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) to a hearing at 1 p.m. on April 12.

The DOJ panel also issued separate subpoenas to Espinosa, Lim and other respondents in the case – inmate Peter Co, Max Miro, Ruel Malindangan, Jun Pepito and Lovely Adam Impal, as well as several other unidentified persons.

The reinvestigation was set “to allow the complainant and respondents to submit additional pieces of evidence in support of their respective positions.”

Apart from Navera, the other members of the new panel are Assistant State Prosecutor Anna Noreen Devanadera and prosecution lawyer Herbert Calvin Abugan.

The reinvestigation is being conducted on orders of Aguirre following the previous dismissal of the charges, which triggered massive criticisms and even earned the ire of President Duterte.

The previous panel composed of Humarang and Reyes dismissed the charges of sale, administration, dispensation, trading, delivery and transportation of illegal drugs under Republic Act 9165 (Comprehensive Dangerous Drugs Act) against the respondents for lack of probable cause.

The prosecutors faulted the CIDG for presenting weak evidence and “inconsistencies” in the testimony of lone witness Marcelo Adorco as reasons for dismissal of the charges.

Adorco claimed in his affidavit that Lim had supplied narcotics in “staggering amounts” to Espinosa for more than two years.