Laude sister seeks inhibition of prosecutor

MANILA, Philippines–The sister of slain transgender woman Jennifer Laude on Wednesday asked Olongapo City prosecutor Emilie Fe delos Santos to inhibit herself from the preliminary investigation for alleged despotism and hostility to their lawyer Harry Roque Jr.

In a 13-page motion to recuse, Laude’s sister Marilou said she “has now become convinced that she has sufficient and valid reasons to doubt that the [Delos Santos] will be able to discharge her duty in the instant case, for which reason [she] should voluntarily recuse herself from the proceedings.”

Jeffrey “Jennifer” Laude. INQUIRER CENTRAL LUZON FILE PHOTO

“If only to erase such doubts in the minds of the family of the victim and the public, and in order to prevent probable miscarriage of justice, it is respectfully submitted that the Honorable City Prosecutor recuse herself from participating in the investigation, resolution and prosecution of the instant case,” Marilou said.

Prosecutorial team

Delos Santos heads the five-member prosecutorial team which is conducting the preliminary investigation of Laude’s suspected killer, US Marine Pfc. Joseph Scott Pemberton. The panel has already concluded its hearings and is expected to issue a resolution next week.

Roque earlier criticized Delos Santos for allegedly being biased in favor of the US side but Justice Secretary Leila de Lima and Prosecutor General Claro Arellano came to the defense of the city prosecutor.

In her motion, Marilou cited instances when Delos Santos “exercised her function in a despotic manner, thereby creating an atmosphere of hostility.”

“During the course of the preliminary investigation proceedings, Delos Santos demonstrated actions and made pronouncements that—most deplorably—compromise and severely undermine the credibility and integrity of the proceedings,” Marilou said.

She added that Delos Santos publicly scolded the lead police investigator, SPO3 Tyrone Tecson, for releasing evidence to Roque and “repeatedly disparaged the person and advocacies of the lawyer” who is known for his stand against the US-PH Visiting Forces Agreement and the controversial Expanded Defense Cooperation Agreement.

Appalling pictures

Delos Santos was apparently angry at Tecson for releasing to the Laude family pictures of the victim slumped in the toilet of the motel where she and Pemberton allegedly checked in. The pictures found their way to the press and social media networks.

Marilou said that Delos Santos declared that only she was authorized to speak to the media on the case, alleging that Roque was “using the case for purposes she (Delos Santos) does not agree with.”

“This is a violation of the right to free expression of the private prosecutors, especially considering the public interest issues involved in the death of Jennifer Laude,” Marilou said.

She said Delos Santos’ claim of sole authority to act in the proceedings “undermines and negates the collegial nature of the panel of prosecutors.”