Justice Secretary Hernando Perez said yesterday Chief State Prosecutor Jovencito Zuño will head the panel that would evaluate the evidence against Misuari.
"We are ready, we have the panel, we have the manpower," Perez said. "I just want to review the evidence. The (Philippine National Police) intimated to me that they will submit all the affidavits and all the evidence so that we will be ready by the time he comes back."
Perez said the justice department will prosecute Misuari to the "fullest extent of the law" if the evidence is strong enough to convict him.
"If there is enough evidence, then the DOJ shall not stop until he is made to pay for the alleged sins he has committed," he said. "If there is enough evidence against Misuari, we will throw the book at him. We will prosecute him to the fullest extent (of the law). That is why we want to see the evidence on hand."
However, President Arroyo said yesterday it would be up to Malaysian Prime Minister Mahathir Mohammad, not the Malaysian police, to decide Misuari’s fate.
"And also, we checked with Malaysia last night, (Misuari’s case) should really still be in the level of the police," she told reporters at the National Socio-Economic Summit at the Manila Hotel. "That’s not at the level yet of the Prime Minister."
Perez said he had recommended to Mrs. Arroyo that Misuari be detained at Fort Magsaysay in Laur, Nueva Ecija, and not in Mindanao or Fort Sto. Domingo in Sta. Rosa, Laguna.
"The Sta. Rosa jail is exclusively for Mr. Estrada," he said. "It might be too small for them if we will include and place Misuari there. Our recommendation is that Mr. Misuari should not be detained in Mindanao, that he should be detained in Luzon and I’m recommending Fort Magsaysay."
Misuari and seven of his followers have standing warrants for their arrest after they were charged with rebellion before a court in Jolo, Sulu.
His co-accused are: Lt. Papa Jalaide, Pandi Sali Uris, Buddin Sarapuddin, Commander Raddulan Sahiron alias Pukol, former Councilor Wahid Sali, Ghalib Andang alias Commander Robot, and Abraham Joel.
The Armed Forces and PNP hold them liable for the Nov. 19 attack on Army headquarters in Jolo, Sulu, which left 52 people dead and 83 others wounded.
Meanwhile, the Department of Foreign Affairs is still awaiting word from Malaysia on its investigation on Misuari’s alleged links with the Abu Sayyaf kidnapping of 21 mostly foreign tourists from the Sipadan tourist resort off Sabah on Easter Sunday last year.
Foreign Affairs Undersecretary Lauro Baja said Ambassador to Kuala Lumpur Jose Brillantes has yet to confirm the end of the investigation as the Prime Minister’s Office and the Ministry of Foreign Affairs have not yet communicated with the embassy.
"The Deputy Prime Minister and Foreign Minister of Malaysia came out with a statement before that Misuari will be given to the Philippines and not to a third country upon the conclusion of their investigation," he said.
Baja said the clearing of Misuari of involvement in the Sipadan kidnapping by Malaysian authorities was not a "slap on the face" in spite of the documents and evidence which the Philippines had submitted.
"I don’t think the Philippines should take it along that line," he said. "The Philippines submitted the evidence with respect to Malaysia’s process, law enforcement and judicial process."
Brig. Gen. Edilberto Adan, Armed Forces spokesman, said Misuari would only be charged with illegally entering Malaysia as police do not believe that the Abu Sayyaf is a "special operations unit" of the former governor.
"This may be a temporary setback but Misuari has to account for his offenses against Philippine law," he said. "The crime was committed in two areas and he has violated Philippine laws."
The main concern of the Armed Forces is to prepare for Misuari’s arrival in the country as he might try to wage a propaganda campaign to gain the sympathy of Filipino Muslims, he added.
Malaysian police Inspector General Norian Mai announced Sunday there was no direct evidence linking Misuari to the kidnappings in Sipadan and Pandanan islands.
In Davao City, Presidential Assistant for Mindanao Jesus Dureza said yesterday the government and the Moro Islamic Liberation Front (MILF) will have to defer resumption of peace talks because of recent "incidents" involving Misuari.
"We have to hold the talks on later dates in deference to the recent incidents," he said. "Our technical committees are quietly doing the groundwork on matters that the negotiating panels would discuss later. Work is definitely still going on."
MILF spokesman Eid Kabalu said the negotiations have been snagged on who should manage the development projects that government intends to implement in war-torn areas.
"We have not resolved that issue on who should manage the projects since the government panel has its proposal while the MILF also has drawn up its own mechanism," he said. — With reports from Edith Regalado, Paolo Romero, Marichu Villanueva