LawyerS for road rage suspect Jason Ivler have reiterated their appeal for a judge to inhibit himself from the case due to his alleged bias.
In a motion received in court on Thursday, lawyers Joseph Sagandoy Jr., Edwarson Ong and Priscilla Marie Abante argued that Judge Bayani Vargas of the Quezon City Regional Trial Court Branch 221 must inhibit himself to remove doubts of partiality.
The defense claimed that the court was prejudiced against their client who is facing murder charges for the death of Renato Victor Ebarle in November 2009 over a traffic altercation.
“He [Ivler] is practically being penalized even while the trial is ongoing,” they said.
The pleading was filed in reply to the one submitted by the prosecution in which it said it was opposed to the defense motion.
Ivler’s lawyers first sought the judge’s inhibition in May.
In their argument, the defense cited three circumstances in which the judge allegedly showed that he was biased against Ivler.
These were the court’s denial of Ivler’s appeal that he be excused from attending hearings unless the court was to summon him; the court’s denial that he be allowed to undergo an operation to have his colostomy reversed; and the citing of his mother, Marlene Aguilar-Pollard, for contempt.
Pollard, during a hearing in March, challenged the judge to a fistfight in court, prompting the prosecution to ask that she be cited for contempt.
Vargas later ordered her to pay a fine of P20,000 for indirect contempt, a move that was criticized by Ivler’s lawyers as they said it was issued even before Pollard had a chance to explain.
“The court was only too eager to cite her in indirect contempt without considering her explanation, in utter disregard of her right to due process,” they said in their motion.