Thursday, February 22, 2007 State opposes bail plea of detained ex-senator
THE Department of Justice (DOJ) on Thursday asked a Makati City court to junk the petition for bail of detained former senator Gregorio Honasan.
In a petition filed before the sala of Makati Regional Trial Court (RTC) Branch 148 Judge Oscar Pimentel, Assistant Chief State Prosecutor Richard Anthony Fadullon said granting Honasan's motion would run counter to an earlier court ruling suspending all proceedings while a reinvestigation is being conducted.
The court, in a ruling issued last January 24, ordered the justice department to conduct a preliminary investigation to determine if there was probable cause to indict Honasan with the coup d'etat charges.
The ruling likewise suspended all proceedings within 60 days, the period in which the state prosecutors must finish their reinvestigation.
Fadullon said he along with fellow prosecutors Juan Pedro Navera and Amanda Felipe must assume an impartial and neutral stance based on the court ruling and a simultaneous preliminary investigation and presentation of prosecution evidence opposing the bail petition will result to a blurring of their role.
"Even assuming that another panel of state prosecutors will conduct the reinvestigation, still as prosecutors they can only assume a singular role, either as investigators or prosecutors as they cannot have simultaneous roles," he said.
Honasan, through his counsel, Daniel Gutierrez, asked the court to allow him to post bail since with the court's order for preliminary investigation on the case was back to "square one."
Gutierrez likewise assured the prosecution of his client's commitment to comply with whatever court ruling, including security guarantees.
Fadullon has said Honasan is flight-risk aside from the threat he posed to national security citing his alleged involvement in destabilization attempts against the present administration.
Pimentel earlier ordered that Honasan should stay in Fort Sto. Domingo in Sta. Rosa Laguna while the preliminary investigation is being conducted before he could rule on his motion for transfer to the Makati City jail.
He was arrested by authorities on November 15 last year in a posh Quezon City subdivision after nine months in hiding. (AH/Sunnex)
