With David Lim out on bail, the lawyer for Cebuano nurse Ephraim Nuñal wants to consolidate the cases to spare their witnesses the inconvenience of testifying in two hearings. (CDN PHOTO/JUNJIE MENDOZA)
The counsel of Cebuano nurse and road rage shooting victim Ephraim Nuñal said yesterday that she would ask the court to consolidate the two cases filed against David Lim Jr.
Lawyer Mundlyn Misal-Martin said consolidating the two cases will expedite the proceedings and make it easier for the witnesses to testify in just one
setting.
“If the cases are filed in separate courts, then the witnesses also have to testify twice. That’s tedious,” she said in a phone interview.
Lim, who shot and wounded an unarmed Nuñal following a traffic altercation along F. Sotto Street in Barangay Kamputhaw, Cebu City last March 19, faces charges of frustrated homicide and illegal possession of ammunition in court.
The Regional Trial Court Branch 6 set the arraignment on Lim’s frustrated homicide case on April 11 while Branch 9 scheduled the proceedings on the illegal possession of ammunition charge on April 24.
Lim, a scion of a wealthy family in Cebu City, was released from police custody last Thursday after he posted bail.
Martin said they have strong evidence against Lim who claimed he only acted in self-defense when he shot the victim.
“The video of the incident speaks a lot. If they claim is self-defense, then prove it. But should we just forget the use of a gun and the gunshot wounds inflicted on my client?” she said.
A video captured by a dashboard camera of a car which happened to be in the area when the incident happened showed Lim shot Nuñal on the left thigh and right ankle before he and his girlfriend fled on board a car.
“They are claiming that there was a brawl prior to the shooting. So if we go by their defense, does that mean, it is just okay to shoot another person?” Martin said.
She said entering into an amicable settlement with the accused is remote.
“The victim has not even apologized. And by the way, where was the gun he used in shooting my client? And where is his girlfriend now?”
Martin said.
While Lim is not a licensed gun holder, the police did not file a case of illegal possession of firearms since they did not recover the gun. Without the physical evidence, the case will not prosper.
Lim’s lawyer Orlando Salatandre earlier explained that Lim panicked after shooting the victim and forgot where he placed the .22 revolver.
Lim’s girlfriend, Tamae Takahashi, also has yet be come out in the open to shed light on the road rage controversy involving Lim and Nuñal.
Takahashi was with Lim when he shot an unarmed Nuñal as seen in the video footage.
The Filipino-Japanese woman tried to pacify Lim but hurriedly fled with him on board a car shortly after shooting Nuñal.
Takahashi was charged along with Lim at the Cebu City Prosecutor’s Office last Tuesday.
She was particularly cited for violating Article 275 or the Revised Penal Code which penalizes anyone who “fail to render assistance to any person in danger of dying, when he can render such assistance without detriment to himself.”