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Judge in De Lima drug case recuses self


A Muntinlupa trial court judge has recused herself from hearing the drug charges against Senator Leila de Lima, making her at least the fourth judge to have let go of the high-profile cases.

In an order dated November 5 but made public Tuesday, Judge Lorna Navarro-Domingo inhibited from further hearing the drug trade conspiracy charges against De Lima, an opposition senator.

Domingo said she finds no sufficient ground to inhibit herself from conducting trial but said “however, in order to show good faith to all parties concerned and being within the discretionary power of this Court, the undersigned presiding judge recuse herself from trying this case.”

De Lima filed a motion in October accusing Domingo of showing "bias," "partiality," and "prejudgment" against her. 

De Lima's 13-page inhibition plea cited as a ground the judge's supposed premature ruling that rejected her bid to disqualify convicted individuals from testifying against her, as well as the "disingenuous" justification of the denial.

The neophyte senator is facing criminal cases for her alleged involvement in the drug trade inside the New Bilibid Prison in exchange for funds for her 2016 senatorial campaign.

De Lima has repeatedly denied the charges, claiming she is a victim of political persecution by the Duterte administration.

Before Domingo, Judge Myra Bayot-Quimbao of Branch 203 inhibited from hearing the case due to her "very close relationship" with a member of the Department of Justice team prosecuting De Lima.

Branch 206 Judge Patria Manalastas-De Leon retired early. Judge Antonietta Medina also inhibited.

In January, Judge Juanita Guerrero of Branch 204 recused herself after De Lima accused her of displaying "an unseemly and undue haste” in ensuring her detention. It was Guerrero's arrest order against the senator that was upheld by the Supreme Court last year.

For her part, Domingo inhibited from the proceedings despite finding no basis in De Lima's allegations of bias against her.

Particularly, Domingo asserted she had "no mistake to correct" by denying De Lima's motion to disqualify convicts from testifying against her because the senator filed a required pleading late.

She also defended her outright denial of De Lima's appeal against the government's amended charges against her from illegal drug trading to conspiracy to commit illegal drug trading. She ruled that the prosecution may amend its charges before the accused enters her plea.

"It doesn't mean that when the accused brought it to the Court's attention... the Motion for Reconsideration, that the Court should only listen to their side, the prosecution was allowed to argue before the Court," she wrote.

Domingo also said the other issues raised by the senator have already become moot and academic, since De Lima and her co-accused have already been arraigned and trial has begun.

Finally, Domingo shrugged off the accusation that she was violating De Lima's right to an open and public trial by barring the media from covering the proceedings, saying they were not allowed "since it would distract the parties as well [as] lawyers inside."

"The Court observe[s] sub-judice rule," the judge wrote. She did not exclude foreigners from observing the accused's arraignment, she added. —KBK/KG, GMA News

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