The Department of Justice has been asked to deny the motion filed by a respondent in the murder of businessman Dominic Sytin seeking for inhibition of the head of the panel of prosecutors handling the case.
Ann Marieta Sytin, wife of slain businessman, opposed the motion of the victim’s younger brother, Dennis Sytin, for inhibition of Senior Assistant State Prosecutor Juan Pedro Navera from hearing the case, saying the respondent’s claim of bias and hostility is “utterly baseless and purely speculative.”
The younger Sytin, Oliver D. Fuentes alias Ryan Rementilla Fuentes, and Edgardo Luib are facing murder and frustrated murder for the killing of Dominic and the wounding of his driver, Efren Espartero Jr. in front of the Light House Hotel inside the Subic Bay Freeport Zone last Nov. 28, 2018.
The motion for inhibition filed by Dennis stated that Navera sought to stop him from exercising his right to travel through precautionary hold departure order (PHDO) even when the complaint is undergoing preliminary investigation declaring him “flight risks.”
The motion stated that Dennis cannot be a “flight risk” because he respects the proceedings by voluntarily cooperating with the authorities and even underwent a lie-detector test.
It also said that preventing Dennis from travelling is a violation of his constitutional right to travel and “would be an arrogation of power that the DOJ does not have.”
However, Ann insisted that the application for PHDO is in accordance with the rules issued by the Supreme Court.
She added that it was the Angeles Court, not the panel of prosecutors, that issued the PHDO against Dennis.
The same motion also said the panel of prosecutors chaired by Navera conducted an “irregular and unprocedural preliminary investigation” which has violated his substantive and due process rights.
He said that instead of ordering all respondents to simultaneously file the answer to the murder and frustrated murder complaints, Luib was allowed to file his response much later than them giving an advantage to even respond to their counter-affidavit.
But the complainant said the panel of investigators led by Navera was in fact lenient with Dennis after he was given the opportunity to submit a rejoinder-affidavit and memorandum even if complainants no longer submitted additional affidavits.
“While Dennis believes that SASP Navera and the Panel have acted adversely to his interest and rights in this case, his speculation is insufficient to support his claim that there purportedly exists ‘bias and hostility’ against him,” the complainant argued.