DOJ: No politics in case vs Lacson

What politics?

The Department of Justice (DOJ) shrugged off yesterday speculations that the revival of charges against Sen. Panfilo Lacson was politically motivated and proceeded to select a new judge to handle the Kuratong Baleleng case.

Justice Secretary Simeon Datumanong said the prosecution panel led by Chief State Prosecutor Jovencito Zuño filed on Wednesday a motion for raffle of the criminal cases against Lacson and his co-accused before Quezon City Executive Judge Jose Catral Mendoza.

"It’s been eight years and there was no trial ever since," Datumanong said. "There are actually many cases that have not been tried after more than eight years. That is why I want the prosecutors to expedite the resolution of the cases. We want the cases to undergo a speedy trial."

Zuño said there would be no reopening of old cases against the senator and his co-accused, since the charges were dismissed by then Quezon City Regional Trial Court Branch 81 Judge Wenceslao Agnir Jr. on March 29, 1999.

"This is a new case," Zuño said. "After the dismissal of the old case, we filed new information based on the statements of the new witnesses, so we have a new docket number, which should be raffled."

"This time, Senator Lacson is now a principal (suspect), not an accessory to the crime" based on the new witnesses’ testimonies and evidence, Zuño said.

Sources disclosed that the prosecution would prefer that the new cases be reassigned to a judge other than Theresa Yadao.

Yadao replaced Agnir, who was promoted to the Court of Appeals two months after the Kuratong Baleleng case was dismissed.

Reports said Yadao was endorsed to her post by ousted President Joseph Estrada’s brother-in-law, Raul de Guzman and former senator Juan Ponce Enrile.

Over 10 witnesses

Zuño also said there would be over 10 witnesses presented by the prosecution, including those who recanted earlier testimonies on the case like former tabloid reporter Armando Capili and Jane Gomez, reportedly the live-in partner of Wilson Soronda, one of the gang members allegedly liquidated by Lacson and his co-accused.

"We have a witness who will testify on the aspect of recantations made by the complainants, the circumstances that surrounded the recantations," Zuño said.

Capili said he thought he had a scoop with a story on the arrest of the Kuratong Baleleng gang members. He found out the next day that his colleagues in the press office were working on a story about a shootout between the police and the Kuratong Baleleng gang that supposedly took place on May 18, 1995 along Commonwealth Avenue in Quezon City.

Capili said he saw the victims of the "shootout" alive the night before and said a shootout was unlikely.

"The other old witnesses are not in the country, while the rest are just here, like Capili and Gomez. Maybe we can use them again," Zuño said.

The testimonies of at least seven witnesses – Senior Inspectors Ismael Yu, Abelardo Ramos, SPO2 Noel Seno, SPO1 Wilmer Medes, another police officer identified only as Dodong Aresa, radio technician Mario Enad and Capili – will be presented before the court.

The new witnesses replaced SPO2 Eduardo de los Reyes, SPO2 Corazon de la Cruz and Gomez, who recanted their statements implicating Lacson. Capili also retracted his testimony, but the prosecution said it can still be useful to prove the guilt of the accused.

For his part, Lacson said, "I still believe in the criminal justice system, that is why I am filing a motion for reconsideration, hoping that the SC justices will be enlightened, especially the five justices who were among those who voted 13-0 (in a previous ruling) in favor of us."

"I’m surprised at myself," Lacson said, "because I feel no fear now. When I read the (court) decision, I was convinced that the ruling was not in line with the principles of the law, so my resolve was strengthened."

Lacson said his lawyers intend to invoke the time-honored principle on the retroactive application of newly enacted laws in favor of the accused. His co-accused include police generals Jewel Canson, Romeo Acop and Francisco Zubia.

Where to put Lacson?

Meanwhile, Lacson’s detention cell at Camp Crame in Quezon City is now being prepared in the event that a warrant is issued for the senator’s arrest.

Senior police officials inspected yesterday the newly constructed detention cell where Lacson will be held while under trial.

"We are ready to receive and protect him here," a police officer involved in security preparations to secure Lacson within the detention cell said.

The Quezon City court was given 15 days by the SC to act on the Kuratong Baleleng case after the High Court voted 10-4 with one abstention last Tuesday to reopen the case.– With Cecille Suerte Felipe, Paolo Romero