Source:
http://www.newsbreak.ph/2011/02/26/dismiss-prosecutor-in-garcia-deal/
‘Dismiss prosecutor in Garcia deal’
Gen. Carlos Garcia (File photo)
MANILA, Philippines—The House committee on justice has formally asked President Aquino to dismiss from government service Special Prosecutor Wendell Sulit for entering into a questionable plea bargaining deal with former military comptroller retired Maj. Gen. Carlos Garcia.
In a letter to the President dated Feb. 22, 2011, Iloilo Rep. Niel Tupas, committee chair, asked that “appropriate action” be taken by Malacañang on the committee’s recommendations to dismiss Sulit and to file appropriate charges against Deputy Special Prosecutors Robert Kallos and Jesus Micael, and Assistant Special Prosecutors Jose Balmeo Jr. and Joseph Capistrano.
The letter, a copy of which was obtained by Newsbreak, came with a copy of Committee Resolution No. 3, which accuses Sulit of “gross inexcusable negligence, ignorance of the law and lack of professionalism.”
The resolution notes that Sulit “repeatedly failed to answer simple questions on evidence, procedure and other legal matters relevant to the plea bargaining agreement, and merely referred such questions to her Deputy Special Prosecutors and Special Prosecutors.”
Rep. Niel Tupas (UNTV photo grab)
Sulit’s team struck a plea bargaining deal with Garcia last year, which allowed the ex-comptroller—previously charged with plunder— to plead guilty to the lesser offense of indirect bribery.
The Sandiganbayan allowed him to post bail as a result of the deal.
This prompted both houses of Congress to hold hearings to scrutinize the agreement. The prosecutors’ boss, Ombudsman Merceditas Gutierrez, is also under fire because of the controversy.
The committee resolution says that by their own admission, the prosecutors pursued the case merely on the evidence collected by the team of former Ombudsman Simeon Marcelo and “thus failed to strengthen the case against” Garcia.
The prosecutors “weakened the case for the prosecution by contradicting, ignoring, and abandoning favorable rulings made by the Sandiganbayan, when they declared, through the plea bargaining agreement, that the evidence against Garcia was weak, when in fact the Sandiganbayan denied Garcia’s motion to quash as well as his application for bail, thereby effectively holding that the evidence of guilt…is strong.”
Prosecutor Wendell Sulit
On Friday morning, Sen. Franklin Drilon told dzMM that the special prosecutors are presidential appointees and therefore can be fired by the President.
In his letter to Mr. Aquino, Tupas said: “Considering the gravity of the allegations and the subsequent findings of irregularities by the Committee on Justice on the said plea bargaining agreement, may we request the appropriate action by the Office of the President.”
Speaking before alumni of the Philippine Military Academy last February 19 in Baguio City, the President said that the prosecutors involved in allegedly bungling the Garcia case would be punished. (Newsbreak)
