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Wednesday, February 22, 2006
Torralba accuses judge of bias, wants him off shooting case
Broadcaster Cirse “Choy” Torralba asked Regional Trial Court (RTC) Judge Eric Menchavez to inhibit himself from the frustrated murder case against John Lloyd Ortiz.
Torralba said Menchavez acted beyond his role as presiding judge and showed bias for the accused.
He filed the motion for inhibition through State Prosecutor Bernardo Parico.
Torralba had identified Ortiz as the one who shot him on June 2004.
In the motion, the prosecution cited that Menchavez asked more than just clarificatory questions when he intervened during examination of witnesses.
“Though it cannot be denied that the Honorable Presiding Judge has an inherent right to ask clarificatory questions to enlighten him on matters which need to be clarified, it is the humble stand of the prosecution that he had exceeded his right,” the motion read.
The motion contained transcripts of some of the judge’s questions for witnesses that the prosecution felt was biased in favor of Ortiz.
Among those mentioned was the examination of defense witness Yvonne Mae Ygbuhay, Ortiz’s girlfriend and reportedly the reason that Ortiz allegedly tried to kill Torralba because of jealousy.
In the transcript, Ygbuhay told the court that during her conversation with Torralba while he was admitted in the hospital, he said he could not identify the suspect.
Torralba was adamant that he clearly saw Ortiz when he shot him outside Angel Radio station, where the broadcaster used to have a program.
Another incident where the prosecution noticed the alleged bias of Menchavez was when the judge pressed on the libel conviction of Torralba.
“In all those quoted clarificatory questions, the Honorable Judge had shown partiality to the cause of the defense by propounding leading questions,” the motion read.
“Also evident were the questions propounded on (Torralba) were directed against his credibility,” it said.
Torralba also professed his “lack of trust and faith” in Menchavez. (JGA)
For Bisaya stories from Cebu. Click here. (February 22, 2006 issue)
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