Flashcards Studio

During a preliminary investigation for robbery with homicide, the provincial prosecutor initially relies on eyewitness accounts and a surveillance video pointing to A as the suspect. A newly discovered CCTV clip from a nearby alley shows B at the scene at the relevant time, which was not presented or considered during the initial investigation. Counsel for A files a Motion for Reinvestigation with the same investigating prosecutor, arguing that material evidence was suppressed and that there was misapprehension of the evidentiary record. The prosecutor denies the motion, and the case proceeds toward the filing of information. (a) Identify the doctrine governing a Motion for Reinvestigation and the grounds on which it may be granted. (b) Distinguish reinvestigation from other post-investigation remedies (e.g., appeal, petition for certiorari, or a motion for reconsideration of the investigating prosecutor’s action). (c) Apply the doctrine to the facts: should reinvestigation be granted given the newly discovered CCTV evidence and the claim of suppression; explain why or why not, referring to the controlling rule and its limits, and state the possible outcomes if reinvestigation is granted.