An assistant provincial prosecutor in Oriental Negros has inhibited himself from hearing the murder charges filed against suspected members of the New People's Army, accused of killing the leader of the Revolutionary Proletarian Army-Alex Boncayao Brigade and two civilian volunteers on Jan. 26, in Poblacion Mabinay, in the province.

Provincial Assistant Prosecutor Juditho Agan said he inhibited himself from the case for reason of delicadeza, being a close associate of the mother of one of the suspects, TJ Nuico, a member of a militant group in Oriental Negros and of the League of Filipino Students.

Agan said Nuico's mother, Mildred, is the board secretary of the Cooperative Bank of the Philippines, of which he is the vice chairman.

"Whatever resolutions I may have, for or against anybody, might be subjected to different interpretations," he said.

Agan was supposed to continue preliminary hearings last Tuesday where he scheduled a police line-up of personalities. Nuico and several others were suspects in the ambush-slay of Rogelio Magbato alias Ka Malvar and CVOs Joel Mahusay and Rogelio Maylan in Poblacion Mabinay.

Nuico's Silliman University identification card was reportedly found in the white XRM motorcycle that was abandoned at the crime scene. Due to Agan's inhibition, the next preliminary hearing is scheduled on April 20 before 2nd Assistant Prosecutor Servillano Elvinia Jr.

Nuico's legal counsel, Joel Obar, said it was admitted that the ID is that of his client.

But the same ID that the prosecution is using to pin his client, will be the same ID that will save him, Obar said.

"If Nuico had the intent of killing the RPA-ABB leader along with others, he is not that stupid to leave his ID behind, in the rented motorcycle," Obar pointed out. Obar said he is going to push through with the line-up of persons, if indeed, the witness can identify Nuico.

He stressed that the ID is the only link to Nuico's identification. The scheduled line-up was, however, rescheduled due to the fiscal's inhibition.

Nuico arrived at the Hall of Justice unnoticed, along with several young individuals, two of whom were sporting long hair. Obar further said his client is a student, and relatively a minor and could not have committed a deliberate and concerted criminal act.

That is why we are opting to conduct a police line-up because identity is a crucial element in this kind of crime, he added.*

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