Mug shots of road rage suspect David Lim Jr. are taken during his booking at the Police Regional Office in Central Visayas in this March 21, 2017 file photo. Charges of frustrated homicide and illegal gun possession were filed against him before the Cebu City Prosecutors’Office. (CDN FILE PHKOTO/ ADOR VINCENT MAYOL)
CEBU CITY — The Regional Trial Court has reset the arraignment of Cebu road rage shooting suspect David Lim Jr.
His new lawyer Esteban Mendoza filed a pleading asking the court to remand the case back to the Cebu City Prosecutors’ Office and to conduct a preliminary investigation on the accused.
Judge Ricky Jones Macabaya of RTC Branch 5 gave the prosecution 15 days to comment on the pleading filed by the accused and moved the arraignment to June 20.
“My client was arrested without a warrant of arrest and so the inquest proceedings conducted by the prosecutor after his arrest was void. Now, we’re seeking the conduct of the regular preliminary investigation,” Mendoza said in an interview.
Lim surrendered to Chief Supt. Noli Taliño, director of the Police Regional Office in Central Visayas, two days after he shot and wounded Ephraim Nuñal following an altercation along F. Sotto Street in Barangay Kamputhaw, Cebu City, last March 19.
He was charged with frustrated homicide and illegal possession of ammunition. The gun he used in shooting the victim was purportedly lost.
Lim was originally represented by lawyer Orlando Salatandre Jr. but the lawyer withdrew his appearance in court due to a conflict in his schedule.
He was replaced by Mendoza, who is based in Manila. Lawyer Mundlyn Misal-Martin, counsel of the victim, said they would oppose the request of Lim to remand the case back to the prosecutors’ office. “This is clearly a dilatory tactic on the part of the accused,” she said.
Misaal said the court already acquired jurisdiction over the accused after the latter posted bail to secure temporary liberty. SFM/rga