DOJ rejects Nur’s request for new probe

The Department of Justice (DOJ) is opposing the move of former Autonomous Region in Muslim Mindanao (ARMM) governor Nur Misuari to have his rebellion case reinvestigated.

State prosecutor Peter Ong belied Misuari’s claim that he was denied his right to a preliminary investigation because his case underwent one.

In fact, he said Misuari and the rest of the accused — Ustadz Abuharis Usman, Omar Abdullah, Bakil Anay Harun, Johan Sawadjaan Sansibar, Gamar Bin Abdurazak, Akil Abdurahan Abdul, and Uddin Esguerra Ishmael — have been arraigned.

Ong filed an opposition to Misuari’s motion to suspend the proceedings and asked the court to reschedule the hearing on it since he is not available on Feb. 6. 

Ong said he is scheduled to meet that day a witness to another case he is prosecuting in Bacolod City. 

Ong requested Judge Sixto Marella of Makati City Regional Trial Court Branch 138 to reset the hearing to Feb. 10.

Ong assured the court that his request is not a dilatory tactic.

Misuari, through his legal counsel Arthur Lim, said he has been in detention for five years, which should not be the case since he has not undergone any preliminary investigation.

Lim said his clients were denied their "basic right" to a preliminary investigation which, though not a constitutional right, is a "component part of due process" in the criminal justice system.

Misuari’s lawyer cited a resolution issued by former Justice Secretary Simeon Datumanong dated Jan. 6, 2003 which supposedly granted their earlier request for a reinvestigation.