Former Makati City Mayor Elenita Binay
The Sandiganbayan on Thursday postponed the start of former Makati City Mayor Elenita Binay’s graft trial after she asked that her four cases be reraffled off to different court divisions.
Because of the pending request, the Third Division which is handling the consolidated cases canceled the hearings set on Oct. 17 and 20 and moved the start of the trial to Nov. 22.
The court also gave prosecutors and Binay’s co-accused five days to comment on her request for separate trial proceedings. Her camp is seeking the reraffling of the four graft and malversation cases filed against her in connection with the purchase of allegedly overpriced sterilizers in 2000 and hospital beds in 2001.
According to Binay, the consolidation of these cases made them seem related and created an impression of a “pattern” of irregularities.
In Thursday’s hearing, Binay’s counsel Grace Veronica Reyes said the cases should be tried separately to “protect the accused’s rights” and avoid the impression of bias on the court’s part. She added that they filed the request “given the political color” surrounding the case.
But presiding Justice Amparo Cabotaje-Tang, who also chairs the Third Division, said the Binay camp was “somehow casting aspersions on the impartiality of the members of this court.” She stressed the cases were consolidated out of practicality upon the recommendation of the Sandiganbayan’s legal services.
Reyes, however, maintained that the court should not only consider exigencies but also Binay’s right to undergo proceedings that “appear impartial.”
Tang also questioned why the Binay camp moved for the reraffle of her cases only on Thursday when trial was scheduled to begin on Monday.