Lim seeks review of charges

CEBU, Philippines - The Regional Trial Court has deferred the arraignment of road rage shooting suspect David Lim Jr. after his new lawyer asked to remand the case to the prosecutor’s office for preliminary investigation.

Lawyer Esteban Mendoza questioned the inquest proceedings that earlier found probable cause against Lim and asked for the suspension of the arraignment. Mendoza moved to return the case to the prosecutor’s office.

“There is no question that the accused was not accorded his right to preliminary investigation. The public prosecutor erroneously subjected accused to inquest proceedings notwithstanding that there was no lawful arrest without a warrant as contemplated under Section 7, Rule 112 in relation to Section 5, Rule 113 of the Rules of Court. There being no lawful arrest without a warrant, the accused is entitled to preliminary investigation,” the motion reads.

RTC Branch 5 Judge Ricky Jones Macabaya has moved the arraignment to June 20 and gave the prosecution 15 days to comment on the omnibus motion.

The prosecutor’s office earlier charged Lim with frustrated homicide and illegal possession of ammunition following his involvement in the road rage shooting on March 19 in Barangay Kamputhaw.

Lim was accused of shooting nurse Ephraim Nuñal after a traffic altercation. The victim suffered injuries to his right ankle and left thigh.

Lim escaped after the shooting but surrendered two days after to Police Regional Office-7 director Chief Superintendent Noli Taliño.

He was originally represented by lawyer Orlando Salatandre but the latter withdrew as counsel allegedly because of conflict of schedule. —/FPL (FREEMAN)