Justice Secretary Vitaliano Aguirre II said on Monday that he could not order the relief of Caloocan City Prosecutor Darwin Cañete for his remarks on the killing of 17-year old Kian delos Santos by police officers during a drug raid.
Cañete was reported to have said it was “too far-fetched” that the teenager was innocent.
“I simply cannot order the relief of Prosecutor Darwin Cañete,” Aguirre said in a statement. “He is not handling the case. No case has yet been filed. How can I relieve a prosecutor from a case which he is not handling? How can I relieve him from handling a case that has yet to be filed?”
He added that, if a case related to Kian’s death should be filed, Cañete would no longer be included in the raffle on who will handle the case.
Sen. Franklin Drilon earlier said that Cañete should be relieved because of his personal prejudices on the death of Kian.
“I understand the sentiments of Sen. Franklin Drilon,” Aguirre said. “I am sure that everyone wants this case to be handled with utmost impartiality and for any party responsible brought to justice.”
“This is also my commitment to all as the people’s steward of the Department of Justice,” he added.
That, he pointed out, was the very reason why had ordered the National Bureau of Investigation to conduct a parallel investigation of the case. /atm