Cebu judge stands firm on bail grant

CEBU CITY — A local Regional Trial Court (RTC) judge has stood firm on his decision to allow a couple accused of killing their 21-day-old son to post bail.

This, as the prosecution wants RTC Executive Judge Pampio Abarintos to inhibit himself from handling the parricide case against Daisuke and Loreta Kishi.

Abarintos said the prosecution’s reaction toward his decision to approve the Kishi couple’s motion to post bail was a "normal phenomenon," especially that his decision was not in the prosecution’s favor.

The prosecution has sent a letter to Abarintos expressing their intention to ask him to inhibit himself from the case.

While they do not question Abarintos’ integrity and competence, they said the RTC judge allegedly failed to appreciate their strong evidence when he granted the couple’s petition for bail.

The prosecution claimed that they have a strong case against the Kishi couple, considering the many expert witnesses they have presented in court.

But Abarintos said the evidence is not for the prosecution to appreciate.

"It’s not for them to appreciate the evidence. It’s for the court to appreciate the evidence," he said.

Abarintos said that even if the prosecution had presented 100 witnesses, they still failed to prove that there was intent on the part of the couple to kill their 21-day-old son.

He said he would determine later whether to grant the prosecution’s motion for inhibition or not.

In his order last Tuesday, Abarintos said that up to this stage of the trial, the prosecution has failed to show evidence that the couple conspired in allegedly killing their son, Diether Lowrence.

Abarintos gave weight on the couple’s arguments that the evidence of guilt against them is not strong and that there was no conspiracy on their part to commit the alleged crime. They also cited humanitarian reasons.

Abarintos noted that Loreta is now 18 weeks’ pregnant and has fainted several times in court. Daisuke, for his part, must be moved to a healthier environment because of his bronchial asthma.

Both Daisuke and Loreta posted P100,000 bail each last Wednesday afternoon.

Prosecutor Rogelio del Prado, however, argued that Abarintos could not have invoked humanitarian considerations in granting the couple’s petition, saying that there are many pregnant female prisoners at the Bagong Buhay Rehabilitation Center. — Freeman News Service