Topacio wants Sandigan chief's inhibition from Noynoy raps, claims ‘preferential treatment’

Lawyer Ferdinand Topacio will ask prosecution lawyers to move for the inhibition of Sandiganbayan Presiding Justice Amparo Cabotaje-Tang from the case against former President Benigno Aquino III in connection with the deadly Mamasapano clash.

Topacio, who served as counsel for the family of the slain police commandos, made the pronouncement at a press conference in Quezon City on Thursday, even as he contested how the bail posting and case raffle have been handled.

Atty. Ferdinand Topacio is calling for Sandiganbayan Presiding Justice Cabotaje-Tang to inhibit herself from handling the case vs. ex-PNoy over Mamasapano clash. @gmanews pic.twitter.com/cIUwk5pKVo

— Erwin Colcol (@erwincolcol) November 23, 2017

"Pinakamaganda siguro para wala na lang usap-usapan, mag-recuse na," Topacio said, referring to Tang, who is an appointee of Aquino.

The criminal cases against Aquino have been raffled to the Sandiganbayan Third Division, which Tang chairs.

The former President was charged with one count each of graft and usurpation of official function for his alleged role in the deadly encounter in Mamasapano, Maguindanao in 2015, where 44 police commandos were killed.

Aquino has already posted a total of P40,000 bail for his cases.

At the press conference, Topacio questioned the supposed "preferential treatment" that the anti-graft court has given to Aquino.

"Walang mug shot, pinagdala siya ng sarili niya. Hanggang ngayon, walang nagre-release ng mug shot," he said.

The lawyer also said he would go to the Sandiganbayan to personally check if the process of posting bail have been complied with properly.

Topacio, likewise, questioned how the raffling of Aquino's cases was conducted.

"Ang nakalagay sa Rules of Court, kung ira-raffle mo yung kaso, dapat iniinform yung private complainant other than the prosecution, so we can personally witness yung raffling," he said.

"Dapat yun open to the public kasi we want to know how it was raffled to the Presiding Justice," he added.

Topacio further said that they received information that Tang allegedly paid a courtesy call on Aquino.

"I'm not imputing any malice, I'm not casting any apprehensions. Kung talagang fair and square sa kanila ang raffle, well and good," he said.

"Pero we will still try to convince the prosecution to move for the inhibition of the Presiding Justice in this case because of her links to the accused. Delicadeza lang po yan," he added.

Topacio said they would course their concern through the prosecution lawyers, especially since the families of the victims no longer wanted to get involved in the case anymore.

"We will go through the prosecution because nakausap ko yung mga magulang, they don't want to have absolutely anything to do with the proceedings as a sign of protest and disgust doon sa nangyari," he said.

Topacio insisted that a graver charge of "mass homicide" should have been filed against Aquino, a not merely graft and usurpation of official function.

Tang, however, said in an earlier interview that she will not recuse herself from the case.

"No (I will not inhibit). The court will never shirk from its responsibility to dispense justice," she said.

"There are legal grounds for inhibition and having been appointed by the accused before is not one of the legal grounds for inhibition," she added. — MDM, GMA News