JUDGE Ricky Jones Macabaya of the Regional Trial Court Branch 5 yesterday put off the arraignment of the frustrated homicide case against Cebuano road rage suspect David Lim Jr.
This came after Lim’s lawyer filed an omnibus motion to refer the case for preliminary investigation and suspend proceedings.
“There is no question that the accused was not accorded his right to preliminary investigation,” reads Lim’s pleading.
The defense counsel said that Lim is entitled to preliminary investigation as part of his statutory right to due process.
“The public prosecutor erroneously subjected the accused to inquest proceedings nothwistanding that there was no ‘lawful arrest without a warrant,’”the pleading added.
The defense said the trial court ought to refer the case to the City Prosecutor’s Office and suspend all the proceedings.
The judge reset Lim’s arraignment on June 20.
He also gave Ephraim Nuñal’s lawyer, Mundlyn Martin, 15 days to comment on Lim’s motion.
Lim is facing charges for shooting and wounding Nuñal, a Cebuano nurse.
Lim, 28, shot Nuñal around 3 a.m. last March 19.