Former Minister of Home Affairs Oscar Mira has been benched from Cabinet, and now the cyber-bullying charge that triggered his fall from grace may also be sidelined.
New Minister Julius Espat has directed the Commissioner of Police to send the file to the DPP - which would normally have been done in the first place. But, instead, it was dealt with as an internal police matter - even though there was an obvious conflict of interest since the Police Minister is the complainant.
Well, new Minister new outlook - Julius Espat told us today via phone that he had concerns:
Jules Vasquez - 7News
"We understand that you've given the COMPOL a directive on the cyberbullying charge brought against Alberto Augusto? What update can you give us on this?"
Julius Espat - Minister of Home Affairs
"Well, I've been consulting from yesterday. I had concerns. And so, I spoke to the Attorney General. I spoke to legal advisors that I have availability with. I spoke to other people. And I believe that the correct person, the person that is responsible for prosecution of matters before the court, is the DPP. And so, I believe we have to give her the respect to be able to determine if the charges should be levied or not. And once she makes that decision, then we follow through. I think that's the best way so that we it's the most independent way of doing it. And I think that's what people need to know: that the investigation or whatever that needs to be carried out is done in an independent way with the authority that is responsible for it. And so, that's why the decision was made. I requested that the files be handed over to the DPP so that she can make a determination as to how to move forward."
Jules Vasquez - 7News
"And what happens in the event that the DPP advises that she thinks it was frivolous and the charges cannot stand in court?"
Julius Espat - Minister of Home Affairs
"Then the charges will be dropped and the devices will be returned immediately."
Jules Vasquez - 7News
"Okay, now in the interim, the commissioner indicated to us yesterday that they have applied for a warrant."
Julius Espat - Minister of Home Affairs
"Nothing will happen until the DPP makes a decision."
Jules Vasquez - 7News
"Is this an episode that you as a veteran in politics would wish that the department could put behind it? Because, you know, it raises so many issues."
Julius Espat - Minister of Home Affairs
"I think that it's a new law, and it has to be tested. And we wouldn't want it to be abused. I'm not saying it has been abused, but let the court decide, let the DPP decide if it's frivolous or not. It's not - we are laymen, Jules. You and I are laymen when it comes to the law. And why not ask the person that's responsible, the person that's constitutionally responsible to guide us on this matter? My personal opinion is different from somebody else, you know that. Every manager has a different way of doing it. I am now in charge, so I made a decision to go in this direction."
Jules Vasquez - 7News
"Did the police make a mistake in proceeding with a matter like this without independent advice, considering there's an inherent conflict? The complainant is the minister of police."
Julius Espat - Minister of Home Affairs
"That is a possibility. The optics of it is not a positive one, so let's have somebody else look at it. Okay? And then, you know, so it's to get clarity is what we're trying to do. And we're trying to make sure that the person that's constitutionally mandated to decide on these things, decide on it. And I think that's the fairest way of dealing with it."
We sent Espat's remarks to the DPP asking for a comment and this evening via text she told us, quote:
"That is a very mature, professional and sensible position to take. I am heartened that this is the approach the Minister has endorsed so soon out of the starting block. If it will be applied across the board and not just in this matter, it bodes well for the relationship between the Police Department and the Office of the DPP moving forward under his tenure as Minister. I look forward to receiving the file."
