Thursday, August 14, 2008
Paredes withdraws from John-john case
THE judge handling the charges filed against former Cebu vice governor John Gregory “John-John” Osmeña has let go of the cases.
Regional Trial Court (RTC) Judge Meinrado Paredes, in a two-page ruling last Aug. 11, granted the motion for inhibition a Manila-based prosecution panel submitted last month.
In the ruling, he cited the prosecutors for showing “lack of respect and trust.”
“Although the panel of prosecutors showed lack of respect and trust in the action of the presiding judge, which is not well-grounded, (the court) has no other alternative but to inhibit from these cases,” Paredes said.
The motion for inhibition was submitted after Judge Paredes ordered the prosecution panel to president additional evidence against the former Capitol official.
In the indictment, Osmeña was accused of participating in a plan to smuggle pseudoephedrine, a substance used in the making of shabu, to Cebu and of harboring the two foreigners who carried it out.
To counter the charge, Osmeña filed a motion for determination of probable cause.
But instead of presenting the additional evidence Paredes required, the prosecutors—Taguig City Prosecutor Archimedes Manabat and State Prosecutors Juan Pedro and Irwin Navera—moved for his inhibition, saying the judge seems to believe they were only “speculating” on Osmeña’s involvement in case.
“The open court bias is unfortunate and does not bode well for the public’s continued faith and trust in the RTC of Cebu City, especially when one considers that the accused in this case is a scion of an influential and prominent political family in Cebu,” read the prosecution’s motion for voluntary inhibition against Paredes.
Judge Paredes, in his order, said it is logical for the court to ask the panel to prove all elements of the crime and show probable cause, given the nature of Osmeña’s motion.
In fact, he said, the court only required the state prosecutors to present additional evidence in support of probable cause.
“It is unfortunate that the panel of prosecutors who are not from Cebu City misunderstood the presiding judge,” Paredes said.
Well respected by Cebu’s legal community, Paredes is recognized as a highly capable, honest and independent judge.
In fact, Cebu-based members of the prosecution panel refused to sign the motion seeking his inhibition from the case.
“I (always) had high respect for Judge Paredes since the start,” said State Prosecutor Llena Ipong, who sits in the prosecution panel together with Assistant Cebu City Prosecutor Nathaniel Andal.
Osmeña is charged with violating the Comprehensive Dangerous Drugs Act of 2002 for allegedly coddling importers of pseudoephedrine.
He is charged together with foreigners Mike Cummings and Dirk Hultz, who are accused of importing the substance.
With the order of inhibition, the case against Osmeña will be sent back to the Office of the Clerk of Court for re-raffling to a new judge. (KNR)
For Bisaya stories from Cebu. Click here. (August 14, 2008 issue)
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