DOJ starts new probe of Ortega slay

Ex-Palawan Governor Joel Reyes. INQUIRER FILE PHOTO

Despite strong opposition from the lawyers of former Palawan governor Joel Reyes, the Department of Justice (DOJ) on Thurday started its reinvestigation into the January 24 murder of Palawan radio broadcaster and environmentalist Gerry Ortega.

At the onset of the hearing, Demetrio Custodio, one of Reyes’ counsels, filed a motion asking the three-member panel of DOJ prosecutors to temporarily suspend the proceedings pending the result of his client’s petition in the Court of Appeals.

On Monday, Reyes petitioned the appellate court to issue a temporary restraining order (TRO) to prevent the DOJ from conducting another preliminary investigation on Ortega’s killing.

However, Assistant State Prosecutor Gerard Gaerlan said it would be “discourteous” for the panel to hold off the hearing before the appellate court takes action on Reyes’ petition.

In his motion with the DOJ panel, the former Palawan governor noted that government prosecutors who originally handled the criminal complaint had dismissed the charges against him and the appeal that Ortega’s family subsequently filed.

‘More prudent’

Custodio said it would be more prudent for the prosecutors to wait for the action of the appeals court in adherence to the principle of judicial courtesy.

“Since this proceeding will be laid to waste should the Court of Appeals decide to have this stricken down, there is reason for this panel to defer the proceeding,” Custodio told the DOJ prosecutors.

“We consider that it is a judicial matter that the DOJ should be looking into and the resolution of the Court of Appeals may have the determination on whether or not this panel can proceed,” he later told reporters.

Ferdinand Topacio, Custodio’s co-counsel, noted that the justice department had previously postponed its investigation of criminal cases after the accused sought relief from the appellate court.

Sauce for the goose…

“The postponement of proceedings is not unprecedented,” Topacio said. “What is sauce for the goose, should be the sauce for the gander.”

But Ortega’s lawyer, Alex Avisado, countered that since the appellate court did not immediately act on Reyes’ petition, the reinvestigation of the case, as contained in a department order issued by Justice Secretary Leila de Lima, should not be stymied by Reyes’ lawyers.

“It’s a basic legal principle that in the absence of any TRO, this (reinvestigation) should proceed without delay,” Avisado said.

Dilatory tactics

Mika Ortega, the slain broadcaster’s daughter, assailed Reyes for allegedly resorting to dilatory tactics to delay the resolution of his father’s killing.

“I’m really surprised that while he continues to claim innocence, the former governor is very afraid for this reinvestigation to proceed. He’s doing everything to delay the hearing,” Ortega told reporters in Filipino.

“If he’s really innocent, then he should face the investigation instead of running away from it. With the way he reacts, he really looks like a guilty person,” she said.

Rodolfo “Bumar” Edrad Jr., who admitted contracting Ortega’s gunman allegedly on Reyes and former Marinduque Governor Antonio Carreon’s order, challenged the former governors to face him in the witness stand.

Originally posted at 11:05 pm | Thursday, October 06, 2011