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Thursday, September 07, 2006
Investigation on libel case brought out of Mandaue
By Karlon N. Rama
Sun.Star Staff Reporter
Radioman Joash Dignos can celebrate the ongoing KBP Broadcasters’ Month with a small victory.
Regional State Prosecutor Antonio Arellano yesterday granted Dignos’ motion for inhibition and ordered that the preliminary investigation on the libel complaint against the broadcaster be brought out of Mandaue City.
“This office takes cognizance of the paramount need to ensure that the administration of criminal justice be free from any doubt on the impartiality of the public prosecutor tasked with the preliminary investigation,” Arellano said.
Arellano yesterday formed a three-person panel to conduct the preliminary investigation on the charges filed by Cheryl Zoleta-Ouano, Mandaue City Mayor Thadeo Ouano’s daughter-in-law and executive officer.
The panel is headed by State Prosecutor Llena Ipong and has State Prosecutors Graeme Elmido and Alain Gallego as members.
“They will conduct the preliminary investigation and prepare a resolution, which they will then endorse to my office. My office will then endorse it to the Office of the Mandaue City Prosecutor with a directive that it be carried out,” Arellano said in an interview yesterday.
“In the interest of justice” and “to expedite the conduct of the preliminary investigation” under “an atmosphere free of any doubt”, Arellano directed Mandaue City Prosecutor Ferdinand Peque to turn over the records of the case to the Office of the Regional State Prosecutor.
Dignos, who anchors the public affairs program “Birada” over radio dyHP, became controversial for hinting that Cheryl and the city mayor had had sex.
Cheryl, who responded with a criminal complaint, said the statements have depicted her as a “whore and shameless woman, having sexual intercourse with my own father-in-law.”
The complaint was filed before the Office of the Mandaue City Prosecutor in compliance with the rule on venue.
Dignos, through counsel, immediately asked for the inhibition of the entire office and asked that the complaint be heard outside the city.
“A perusal of the allegations in the affidavits reveals that the name of Mayor Thadeo Ouano of Mandaue City is mentioned in the narration of incidents surrounding the subject complaint for libel. This could explain why herein respondent entertains a sincere belief that he could not secure justice in the City of Mandaue,” Arellano’s ruling noted.
“This office cannot reasonably ignore the reservation of herein respondent on the city prosecutor of Mandaue’s capacity to be impartial considering the parties involved, directly or indirectly, in the instant case. Respondent’s doubt, although subjective in character, cannot just be set aside as purely imaginary and speculative,” he added. (KNR)
For Bisaya stories from Cebu. Click here. (September 7, 2006 issue)
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