Slain transgender’s lawyer pushes for removal of prosecutor from case

Lawyer Harry Roque RYAN LEAGOGO/INQUIRER.net FILE PHOTO

MANILA, Philippines—Unfazed by the justice secretary’s reprimand, the lead private lawyer of the family of slain Filipino transgender woman Jennifer Laude will press for the disqualification of Olongapo City Prosecutor Emilie Fe Delos Santos from the preliminary investigation of the case, saying her removal from the government panel would guarantee impartiality.

Lawyer Harry Roque said Saturday he will formalize his petition to remove Delos Santos from the panel next week, reiterating earlier media statements charging the investigating prosecutor of bias against the victim’s camp.

He said he would also seek a dialogue with Justice Secretary Leila de Lima on the matter.

Delos Santos leads the state panel investigating the murder case against United States Marine Pfc. Joseph Scott Pemberton, the key suspect in Laude’s death on Oct. 11. Pemberton is under US custody at Camp Aguinaldo.

The investigating panel submitted the case for resolution after preliminary investigation last month.

“It (Delos Santos’ removal) will assure the victim and the rest of the country that all the members of the (government) panel will be impartial,” Roque said.

Roque made the statement in response to De Lima’s comments Friday in which she warned against the lawyer’s media remarks accusing Delos Santos of being “antagonistic” to the Laude camp and of favoring the American.

De Lima said Roque should not make “sweeping” allegations of bias against Delos Santos and the Department of Justice “without clear and sufficient basis.” She said such statements might be taken as “pressure and/or to influence the outcome of the case.”

But Roque said Delos Santos was just one in a panel of five investigators handling the case.

“It’s a five-member panel. How can our move to inhibit one of five affect the panel?,” said Roque.

He maintained that he had proof to back his allegations: “She has no basis [to say we lack evidence] since she hasn’t seen our petition.”

Roque earlier cited Delos Santos’ demeanor toward Laude’s private lawyers during televised hearings as basis for his bias claim.

The lawyer had told media interviewers earlier in the week that he would seek Delos Santos’ disqualification because of her alleged bias against the Laude camp.

Prosecutor General Claro Arellano later said in a statement to reporters that there was “no basis for inhibition” as the Laude camp’s “claim of bias [against Delos Santos] is mere allegation.” This riled Roque, saying the official had already denied the disqualification petition before it could even be filed.

On Friday, De Lima defended Arellano and said the official merely gave a “general statement” to the media.