Dr. Elenita Binay to Presiding Justice Amparo Cabotaje-Tang: Hands off my case.
The Sandiganbayan Third Division has deferred the start of the graft and malversation trial of former Makati mayor Elenita Binay following the respondent鈥檚 motion for Presiding Justice Amparo Cabotaje-Tang to inhibit from the case.
Dr. Elenita Binay arrived at the scheduled hearing on her motion听on Monday听with her husband former vice president Jejomar Binay.
The former vice president, who was hounded with corruption allegations during his failed presidential bid in the May elections, refused interviews from the media.
During Monday鈥檚 proceedings, Tang said the hearings on Dr. Binay鈥檚 case are suspended until the motion for inhibition against her is resolved. The trial was supposed to start听tomorrow听(Tuesday).
鈥淎ll hearings scheduled for this case are suspended until such time the motion has been resolved,鈥� Tang said in open court.
In her motion for inhibition, Dr. Binay asked Presiding Justice Tang to inhibit from the case due to questions on her impartiality.
Binay through her lawyers cited an Oct. 13, 2016 hearing when Tang was personally offended when Binay filed an omnibus motion for a re-raffle of the case to hold separate trials.
搁贰础顿:听Prosecutors nix Elenita Binay鈥檚 move for separate trials听|听Elenita Binay seeks separate trials
According to the transcript, Tang felt like the defense panel is questioning the court鈥檚 impartiality.
鈥淚f you are saying that there should be appearance of impartiality, you are somehow casting aspersions on the impartiality of this court,鈥� Tang said during that hearing.
Binay said she was 鈥渁stounded鈥� by the Tang鈥檚 鈥渁dverse reaction鈥� that gave the impression she was 鈥減ersonally offended鈥� by the motion for a re-raffle of the consolidated case now before the Third Division.
鈥淲ith all due respect, herein Accused submits that the foregoing statements of Presiding Justice Cabotaje-Tang give an appearance of bias and prejudice as to the handling of the cases,鈥� Binay said in her motion.
鈥淭he demeanor of the Honorable Presiding Justice affects Accused Binay鈥檚 confidence that she will get a fair trial that respects her constitutional rights,鈥� she added.
Binay asked the court to grant her motion for Tang to inhibit from the case 鈥渢o rest all the apprehensions as to the personal inclinations of the Honorable Presiding Justice鈥� and to 鈥渦proot vestiges of doubt on the impartial disposition of the cases against her.鈥�
Dr. Binay, who was mayor from 1998 to 2001, was charged with violations of Section 3 (e) of the Anti-Graft and Corrupt Practices Act for causing undue injury to the government and giving unwarranted benefits to a private party, and malversation of public funds under Article 217 of the Revised Penal Code.
The graft and malversation cases听stemmed from the alleged irregularities in the procurement of hospital beds worth P36.43 million in 2001 and P8.83 million worth of dry heat sterilizers in 2000 for the Ospital ng Makati.
Meanwhile, her husband also faces graft, malversation and falsification of public documents charges over his role in the allegedly overpriced Makati car park building when he was Makati mayor.
搁贰础顿:听Citizen Binay faces graft, malversation, falsification raps over Makati parking building
Dr. Binay sought Justice Tang鈥檚 inhibition from the case following her victory in two other Sandiganbayan divisions.
The Sandiganbayan Fifth Division granted her demurrer to evidence in her P21.7-million graft case over the alleged overpricing of furniture for the city hall in 2000.
Meanwhile, the Sandiganbayan Fourth Division acquitted her from graft in the alleged overprice of P13.25-million purchase of furniture for the city hall in 1999./rga
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