Mayor Grey’s lead
counsel Atty. Ernesto Peñaflor told that the murder case filed by the
wife of Rolando Diocton was raffled-off in February 19, 2007 after
Judge Rosario Bandal, the presiding judge covering the San Jorge,
Gandara and Matuguinao area inhibited from the case based on the
motion filed by the prosecution.
“And that is after the
honorable Judge Bandal ruled that their case has no probable cause,
and advised them to adduce more evidence but they did not, and they
instead asked for the inhibition of Judge Bandal” Atty. Peñaflor told.
He added that with
Judge Bandal’s inhibition, the murder case was raffled-off and
subsequently went to the sala of Judge Navidad, “but because of our
apprehension that the case will not get a fair trial with Judge
Navidad, I immediately filed a motion for inhibition on February 20,
2006 with a prayer that my client’s petition be heard first
considering that the case is a heinous offense, before any resolution
be made over the murder case docketed in his sala” he said.
But Peñaflor was
surprised when Judge Navidad immediately issued a warrant of arrest
against his client dated February 20, 2006, only a day after it was
raffled-off to his sala, allegedly without extending a clarificatory
hearing to his client over the case despite of it being a grave
offense, “which is the normal procedure, but I am not saying that what
they did is not legal, but our point is that there was already a
no-probable cause findings by the first judge who handled but
incidentally inhibited from the said case and that should somehow
caused for the new Judge to voluntarily obligate himself anchored on
“dilicadeza” to re-study the case before executing a resolution to
avoid public speculation of bias treatment, dire kay ginhatag pala sa
imo yana an kaso, kinabuwasan may warrant na, and that is even on top
of the motion for inhibition we filed on February 20 as well, which
should have been taken first, because we are already questioning his
capacity to give my client a fair trial”, he stressed.
Meanwhile, Nancy Grey,
wife of Mayor Joseph Grey told that the “very” quick resolution of
Judge Navidad over the case of her husband and the court’s inability
to give Mayor Grey the chance to clarify some matters relative to the
accusation in spite that another Judge already ruled that there was no
probable cause in the said case, allegedly is a clear manifestation
that political maneuvering exist in local courts.
“Kun sugad hine iton
pamaagi hiton usa nga huwes, makalu-luoy ura-ura iton mga tawo nga
inosente nga aakusahan hin mga sugad hine nga kaso” she told.
“I am appealing to the
people of San Jorge and all those who believe in the innocence of
Mayor Grey, that their leader will not stop in seeking justice against
this form of political persecution”, Atty. Peñaflor added.
On the other hand,
Mayor Grey disclosed earlier that he is ready to face the murder
charges against him, but for the purpose of securing his safety from
the threats against his life, he requested his Manila-based lawyer to
ask the Supreme Court to change the venue of his case the day before
the said case was raffled-off in this city.
Grey lamented that
this is what he got for being an honest public servant, “Sakripisyo
ito alam ko, anytime I can accede to their demand not to run for
congressman come May elections, para lang i-urong nila ang kaso na
gawa-gawa rin nila against me, but this will not stop me from
giving-in to their demands, sinimulan nila ito tatapusin ko, just to
deliver the Samareños from the tyranny of these politicians”, he
stressed.
