THE Office of the Cebu City Prosecutor will conduct anew a preliminary investigation into the frustrated homicide and illegal possession of ammunition charges against road rage suspect David Lim Jr.
Two Cebu City judges granted Lim’s omnibus motion to refer the cases for preliminary investigation and to suspend proceedings.
“The court finds the motion meritorious and grants the same in the interest of substantial justice,” read the three-page order issued by Regional Trial Court Judge Ricky Jones Macabaya.
Lim’s scheduled arraignment of his frustrated murder before Macabaya’s sala was postponed yesterday morning, and was reset on Aug. 15.
Atty. Mundlyn Martin, counsel for complainant Ephraim Nuñal, said that they will comment on Lim’s omnibus motion to refer the case for preliminary investigation and to suspend proceedings.
Martin said that they were glad that Lim returned to the country after his travel abroad to face his case.
The defense counsel said that Lim is entitled to a preliminary investigation as part of his statutory right to due process.
“There is no question that the accused was not accorded his right to a preliminary investigation,” reads Lim’s pleading.
The defense said that the trial court ought to refer the case to the City Prosecutor’s Office and suspend all the proceedings.
But the prosecution said that Lim waived his right to preliminary investigation. In all of the stages of his case, Lim was accompanied by his counsel.
Lim, 28, shot Nuñal at 3 a.m. last March 19. The incident was caught on a car’s dashboard camera and went viral.
Judge Ricky Jones Macabaya is trying Lim’s frustrated homicide case, while RTC Branch 9 Judge Alexander Acosta is handling the illegal possession of ammunition case.