Dutch prosecutor not dropping charges vs Joma

Dutch prosecutor not dropping charges vs Joma

Dutch Public Prosecutor’s Office spokesman Wim de Bruin in a telephone interview told ABS-CBN Europe News Bureau that they are not dropping the charges against Jose Ma. Sison yet and that the Communist Party of the Philippines founder remains a suspect, ABS-CBN Europe News Bureau correspondent Loui Galicia reported.

"No, you have to separate the criminal investigation by the police from the investigation by the examining judge in The Hague. So the judge decided to finish the investigation but the police investigation will be continued and that means that Mr. Sison is still a suspect," de Bruin explained.

De Bruin said that for the moment, investigation of the Dutch police would continue but that he cannot say anything further how the prosecutor will go with the case because that’s still in the future and will depend on the result of the 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. He was later released pending the pre-trial investigation.

"We need two months. The Public Prosecutor has to decide whether to prosecute Mr. Sison or not," de Bruin said.

De Bruin said that the prosecutor would still pursue the charges against Sison and affirmed that for the moment, they are going to continue the investigation in so far as they know they have sufficient evidence.

De Bruin said that Sison’s defense lawyer cannot file a motion to drop the charges.

"No because it is foreseen in the law, the period of two months, so after the period of two months the Prosecutor, the prosecution has to decide about the prosecution," de Bruin said.

De Bruin said he’s not in a position to say why the investigating judge closed the pre-trial investigation.

He however said that the Prosecutor is not thinking of filing a case with a new investigative judge.

Case not closed

Sison’s lawyer Michiel Pestman confirmed 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 also said the Dutch prosecutor has two months to decide whether to 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 or not.

"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.

Dutch judge terminates pre-trial probe vs Sison

The Dutch trial judge of the Court at The Hague has decided to close the criminal pre-investigation case against Sison.

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."

Galicia said that the copy of the decision indicated it was signed on November 21, 2007 but 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."

SOURCE: WWW.ABS-CBNNEWS.COM

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