Dutch court junks pre-trial probe vs Joma

UPDATE) Dutch court junks pre-trial probe vs Joma


The Dutch trial judge of the Court at The Hague has decided to close the criminal pre-investigation case against Communist Party of the Philippines founder Jose Ma. Sison.

ABS-CBN Europe News Bureau correspondent Louis Galicia reported on Wednesday that the closure of the criminal pre-investigation does not mean however that the charges against Sison have been dropped.

In the copy of the English translation of the decision, which was originally in the Dutch language, provided to ABS-CBN by Sison himself, Judge C.M. Derijks finds that "the prosecutor has in no way provided information whether continuation of the criminal pre-investigation would be able to lead to another judgment on this point."

"This means that the investigating judge cannot but conclude that further investigation will not lead to another conclusion, so that there is no ground for the continuation of the criminal pre-investigation."

Sison, who is also the chief political consultant of the National Democratic Front (NDF), was arrested and detained in the Scheveningen detention center in The Hague on August 28 for alleged involvement in the murders of erstwhile allies Romulo Kintanar and Arturo Tabara in the Philippines.

Galicia said that the copy of the decision indicated it was signed on November 21, 2007 but Sison’s lawyer Michiel Pestman said it may be a typographical error because they received the decision Tuesday.

Derijks said that "up to the highest instance [Court of Appeals] it has been decided that from the current criminal dossier, no serious evidence against the suspect can be drawn."

It cited that first paragraph of Article 237 of the Law on Criminal Procedure which stated that the investigating judge must close the criminal pre-investigation which was opened on Aug. 28 if there is no ground for continuing it.

The judge also cited in its decision the September 13 decision of the Raadkamer against detaining Sison because of lack of serious, grave presumptions and incriminating evidence as well as a Dutch Court of Appeals’ decision of October 3.

The judge also cited the Court of Appeals decision which doubted whether the Defense can fully exercise its rights of cross-examination.

The judge requested the Prosecutor on October 19 to present the continued existence of grounds for the criminal pre-investigation but the prosecutor apparently requested and received two extensions and verbally promised to present the court a more substantive response by November 16 at the latest.

However, on November 16, the judge did not find the Public Prosecutor’s response substantive and concrete in order to continue the pre-trial investigation and was annoyed and found the Prosecutor’s response as "a new attempt for postponement."

In the decision, Derijks noted that "the circumstance that the investigating judge has already approved witnesses for the prosecution does not negate that. These witnesses have already made their presentations in the existing criminal dossier and their declarations have thus been taken into consideration in the judgment of the Court of Appeals."

Public Prosecutor’s Office spokesman Wim de Bruin was not ready to give an interview yet when ABS-CBN contacted him about the decision.

Case not closed

Pestman confirmed however that the case is not closed yet.

"The case is not closed. It’s the prosecutor, the only person who can decide to close the case apart from the court. She can decide to drop the case which I expect she will do because everyone says that all the judges involved basically say that there’s no hope in hell that she’ll ever get a conviction," said Sison’s lawyer.

Pestman said the Dutch prosecutor has two months to decide whether pursue the case against Sison or drop the case altogether.

Pestman said that even if the pre-trial investigation was closed by the investigating judge, in Holland, the prosecutor can do its own investigation and does not rely solely on the investigating judge.

"They can do their own investigation, the police can do it," Pestman said.

"The thing is the prosecution needs the investigating judge. Only an investigating judge can officially hear witnesses abroad. The police can go and hear witnesses but if they want me to go, and if they want the official commission interrogatoire, they need an investigating judge for official hearing which is necessary which allows me to ask questions abroad. The prosecutor needs an investigating judge," Pestman added.

Pestman explained that in theory, the Prosecutor can go to court and ask the court to order the investigative judge to reopen the investigation but that it’s only in theory.

"In practice there’s not much she can do and I think she will decide to drop the case altogether," Pestman said.

Pestman said that the investigating judge was very annoyed that the prosecutor did not answer any of the letters and request.

Pestman said he will wait for the prosecution to take a decision whether to drop the case.

"Basically I can wait because the prosecution takes decision. If it takes too long. If I don’t hear anything from the prosecution within the next week or two weeks, I can file a request to rest the case…I suppose it won’t be necessary," Pestman said.

Pestman is very confident that the case will be dropped.

"They must do. I think there’s any reason or no reasonable person could do otherwise," Pestman said.

Sison feels more free

Sison agrees with Pestman that the Dutch prosecutor has no other choice but to drop the case.

"She can throw wild punches now because she has that much leeway..If the odds were against her before, the odds are even greater now. Ibig sabihin (That means) very much favorable, this adds to my good position on the case," Sison said.

Sison said that he has regained his confidence that he can again travel abroad if need be to work on the peace negotiations between the National Democratic Front of the Philippines and the Government of the Republic of the Philippines.

"I had doubts whether I could go to Oslo for any kind of movement or any kind of talks relative to GRP/NDFP peace negotiations. Now I have confidence to apply for a "laisser passer" from the foreign ministry... In other words I feel more free than before and I can do something more for the peace negotiations among other things," Sison said.

Bagong Alyansang Makabayan posted in its Web site, www.bayan.ph, a loose translation of the Dutch court’s decision.

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