MANILA, Philippines - A Quezon City judge has denied a motion to conduct preliminary investigation filed by former Philippine Basketball Association import Jamelle Cornley, who failed to attend his arraignment yesterday as he was not in the Philippines.
In an open court order, Metropolitan Trial Court Branch 31 Judge Maria Gilda Pangilinan said preliminary investigations are required only in cases that are punishable with imprisonment of at least four years, two months, and one day.
She said the direct assault and alarm and scandal charges filed against Cornley are punishable with less than the prescribed period as specified in the Rules of Court. A copy of the resolution denying the motion has yet to be released by the court.
Earlier, Cornley – through lawyer Lino Dumas – asked Pangilinan to return the case to the city prosecutor’s office and order a preliminary investigation on the alarm and scandal and direct assault charges filed against him.
He said he wanted “to avail his statutory right to a preliminary investigation as part of his fundamental right to due process.â€
The case did not undergo preliminary investigation and was filed before the court following inquest proceedings on April 1.
Pangilinan reset Cornley’s arraignment to June 11. Dumas said the cager was out of the country for a basketball clinic but will immediately return to the Philippines to face the charges filed against him.
Cornley was arrested on March 27 after punching Police Officer 2 Anselmo Lazatin, who responded to a call from a hotel where the basketball player reportedly trashed computers and other equipment in a drunken fit.
The cager allegedly created trouble after discovering that his $1,500 was missing after he checked in with three women.