BY ASHZEL HACHERO

THE Makati regional court yesterday ordered the Department of Justice to conduct a reinvestigation of the coup d’état charge against detained former senator Gregorio Honasan within 60 days.

Judge Oscar Pimentel of Branch 148 issued the order to Assistant Chief State Prosecutor Richard Anthony Fadullon on Honasan’s motion.

Pimentel, however, denied Honasan’s petition to suspend the implementation of an arrest warrant against him and that he be released from detention.

While the reinvestigation is ongoing, all court proceedings are suspended.

Honasan, through counsel Daniel Gutierrez, last year asked for a reinvestigation, saying he was denied due process as the justice department filed the case in court without conducting a preliminary investigation to determine if there was probable cause.

Gutierrez also said his client was not given the opportunity to submit a counter-affidavit and supporting evidence against the charges, which he said is a clear violation of his client’s constitutional rights.

"Being charged with a non-bailable offense, the conduct of a preliminary investigation prior to the filing of the case is imperative. The right of the accused to a preliminary investigation is not a mere formal or technical right but rather a substantial one and is a component of due process in criminal justice," Honasan said.

Pimentel said he is set to resolve the motion of Honasan seeking his transfer to the Makati city jail from Fort Sto. Domingo in Sta. Rosa, Laguna.

The court last month conducted an ocular inspection on the two detention facilities.

Honasan is running as an independent senator in the May 14 election. He filed his certificate of candidacy with the Commission on Elections in Manila last Tuesday.

Honasan, a retired Army colonel, was charged with coup d’état for allegedly instigating junior officers into launching the Oakwood mutiny in July 2003.

He was also linked to an alleged power grab in February last year.