DAILY TRIBUNE file photo
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Sarah Discaya, co-accused pre-trial hearing postponed

Alvin Murcia

A regional trial court on Tuesday postponed the pre-trial conference for contractor Sarah Discaya and several Davao Occidental engineering officials facing graft and malversation charges, citing the massive volume of prosecution evidence still being processed.

Presiding Judge Nelson Leyco rescheduled the pre-trial for 27 February at 2 p.m. after the prosecution admitted it had not finished “marking” thousands of documents intended for the trial.

The delay was prompted by a motion from Joseph Randi Torregosa, counsel for retired Department of Public Works and Highways (DPWH) District Engineer Rodrigo Larete. Torregosa argued that the pre-trial could not proceed because the Office of the Ombudsman had yet to complete the mandatory pre-marking of evidence.

Jess dela Pena of the Ombudsman-Visayas told the court that the prosecution possesses approximately 4,000 pages of documents, which were brought to the court in three suitcases. As of Tuesday, only half of the pages had been marked.

The court granted both sides five sessions, ending 13 February, to complete the marking process. Pre-trial briefs must be submitted by 26 February.

The case involves allegations of “ghost” flood control projects in Davao Occidental. In a setback for the defense, Leyco denied a motion filed by accused Angela Rimando for a joint ocular inspection of the project sites.

The court also addressed new attendance protocols for the defendants, who are currently in custody. Citing a new Supreme Court administrative matter effective 16 February, Leyco ruled that the accused may attend future hearings via video conferencing from their jail facility.

However, they must appear in person if required for witness identification or by specific court order.

The hearing also confirmed that the Ombudsman-Visayas has taken over the prosecution after the Ombudsman-Mindanao withdrew from the case. The court is expected to hear motions for bail following the conclusion of the pre-trial.