NBI TO CHARGE PROSECUTOR WITH VIOLATION OF DUE PROCESS

The National Bureau of Investigation yesterday said it is set to file administrative charges against the state prosecutor who recommended the filing of drug charges against the son of Caloocan City Rep.  Luis Asistio.

The Anti-Organized Crime Division ( AOCD ) will be recommending the filing of charges against State Prosecutor Richard Anthony Fedullon for violation of a Justice Department order relating to the conduct of preliminary investigations, said AOCD chief Samuel Fiji in his report to NBI Director Federico M.  Opinion Jr.,

Fedullon said he found probable cause to file charges of drug trafficking, illegal possession of firearms, and direct assault against persons in authority against Luis "Peting" Asistio III and companions Ronel Rivera and Ricardo Garcia.

Earlier the Criminal Investigation and Detection Group ( CIDG ) claimed seizure of some 206 grams of shabu and a caliber.45 pistol from Asistio and his companions.

The son of the Caloocan solon and his live-in partner Rosario Ortega were wounded in a drug buy-bust operation, the CIDG men alleged.

Fiji said Fedullon erred in approving the charges despite the fact that the CIDG operation was illegal since the lawmen had no search warrant.

He also said that Fedullon did not get the statement of Asistio during the preliminary investigation.

NBI investigation concluded that the incident was not a shoot-out but an attempt to rub-out Peting.

Fiji's recommendation was forwarded to the NBI legal division for further study.

On Wednesday, the NBI said they will be filing frustrated murder and robbery charges against three CIDG operatives and two civilians in connection with the April 14 raid on the house of Peting that resulted in his wounding.

The NBI-AOCD came out with its conclusion on the alleged drug-bust operation, which Peting claim was designed to kill him in his residence.