The Nissan sports car driven by David Go Lim Sr. which figured in an accident early Saturday that killed a fish dealer. Lito Tecson/CEBU DAILY NEWS
CEBU CITY — A criminal complaint was filed on Tuesday against the younger brother of Cebu businessman Peter Lim whose sports car rammed a motorcycle and killed its rider at the Archbishop Reyes flyover in Cebu City.
The complaint of reckless imprudence resulting in homicide and damage to property was lodged at the city prosecutor’s office against David Go Lim Sr. even if the family of the fatality, Philip Pogoy, appeared to have lost interest in the case.
“The victim’s family has not returned to our office since after the incident (last Saturday). We believe they have lost interest in the case,” said PO3 Chady Jungoy, investigator of the Traffic Patrol Group.
He said it would be up the prosecutor’s office to decide if there was probable cause to file the case in court.
Pogoy, 26, was driving his motorcycle around 3 a.m. on Saturday when he was hit by the Nissan GT-R sports car driven by David who was on the separate lane.
Pogoy, a fish dealer who lived in Mandaue City, was rushed to the Cebu City Medical Center but did not make it.
Based on the police investigation, Jungoy said the sports car was running at full speed, encroached the other lane, and hit the motorcycle.
“Clearly, the driver of the sports utility vehicle is liable,” he said,
Pogoy was on his way to buy fish in the market while David was heading toward Barangay Banilad in Cebu City when the collision took place.
Pogoy, who was thrown off his motorcycle, suffered head injuries and broken arms.
David, a sports car racer, left his sports utility vehicle and boarded another vehicle a few minutes after the collision to seek medical treatment.
Pedro Leslie Salva, legal counsel of the Lim family, earlier said his client would provide financial assistance and shoulder all the expenses incurred by the family of the victim.
In his Facebook post last Monday, David’s son, David Jr., said claims that his father encroached the other lane was unbelievable.
Based on the sketch from the police, he said the point of impact was in the middle of the road.
“Another picture clearly shows the damage of the car was on its fender. If the car was truly encroaching the other lane as what the bystanders allegedly said they witnessed, the damage would have been in the front bumper of the car, not the fender,” David Jr. said.
“Also, how did the bystanders witness the impact if it happened on the highest point of the flyover? We are not contending that the motorcycle was the one encroaching the GTR’s lane but it would be wrong and biased to accuse that it was the GTR just because it’s a fast race car,” he added.
David Jr. also denied accusations that the accident was a case of a “hit and run.”
“The GTR driver sought for medical attention as he was also injured during the accident, location withheld for security reasons, not that he was trying to hide from what happened,” he explained.
He said their family also took responsibility right after the accident and had met with the victim’s family.
His father, David Sr., who lives in Ma. Luisa Subdivision in Cebu City, is the youngest of four siblings.
The eldest is Peter who has been thrust into the limelight after President Rodrigo Duterte named one Peter Lim as one of the biggest drug lords in the country.
He has denied that he was the Peter Lim referred to by the President. SFM/rga