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De Lima asks Muntinlupa judge to inhibit from drug case

Bella Perez-Rubio - Philstar.com
De Lima asks Muntinlupa judge to inhibit from drug case
Detained Sen. Leila M. de Lima attends the continuation of trial on the third drug case filed against her at the Muntinlupa Regional Trial Court Branch 256 on Feb. 16, 2021..
Released / Sen. Leila De Lima's office

MANILA, Philippines — Detained Sen. Leila de Lima on Thursday asked a Muntinlupa judge to inhibit from one of the drug cases filed against her.

De Lima, in a 49-page motion, sought Muntinlupa Regional Trial Court Branch 205 Judge Liezel Aquiatan's voluntary inhibition "due to clear doubts as to her impartiality, fairness, moral courage, and integrity."

Aquitan is the same judge who acquitted De Lima in one of three drug cases against her last month. However, she also denied De Lima's demurrer to evidence, or motion for dismissal due to insufficient evidence, in another case where her former aide Ronnie Dayan stands as co-accused.

De Lima's lawyers said Aquitan "deliberately omitted glaring pieces of evidence, cherry-picked those that seem to support the theory of the Prosecution, and even added her own impressions and conjectures even though they are not supported by the records of the case."

They added that the judge has "given the impression that she has already prejudged the case," by consistently ignoring compelling evidence on record.

"Her constant refusal to consider the points of the Defense and play blind and deaf as if the records do not exist cast grave doubts on her ability to continue dispensing justice in this case with neither fear nor favor."

"As part of Accused De Lima’s right to due process, she deserves a presiding judge who will dispense justice in this case without fear or favor," they said.

"Considering her recent actions, it appears that the Honorable Presiding Judge is not that judge."

How will this affect the case?

If Aquitan grants De Lima's motion to inhibit, she would be the fifth judge to do so, further prolonging a trial that has stretched on for years. 

De Lima maintains that the charges against her are "trumped-up" and serve as retaliation for her criticism of the Duterte administration. She also warned on Monday that President Rodrigo Duterte's renewed sexist comments against her could lead to "a mistrial of the most unjust proportions."

It has been 1,490 days —over four years— since De Lima was first detained inside police headquarters.

State prosecutors initially charged De Lima with drug trading, but they later amended it to accuse the senator of conspiracy to commit drug trading inside the New Bilibid Prison during her stint as justice secretary under the Aquino administration.

— with reports from Kristine Joy Patag

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LEILA DE LIMA

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