Tri-media personality Bobby Nalzaro requested two prosecutors to inhibit themselves from handling the two libel suits filed against him by former Cebu City mayor Tomas Osmeña to remove any “cloud of doubt” or suspicion of bias.
In a pleading lodged before the Cebu City Prosecutors’ Office last week, Nalzaro’s lawyers from J.P. Garcia and Associates law office said Prosecutors Gandhi Truya and Maria Theresa Casiño may be unable to render an impartial ruling in his two libel cases.
They cited an old conflict between Nalzaro and Truya’s father, former provincial prosecutor Crispulo Truya, whom the broadcaster publicly criticized for allegedly extorting money from a detainee nearly 20 years ago.
As a result, Crispulo was suspended for one year upon the recommendation of former justice secretary and now Senate President Franklin Drilon whose attention was called by Nalzaro.
While the younger Truya is a different person, Nalzaro said the incident involving him and Crispulo may affect how his two present libel cases will be resolved.
Anxious
The broadcaster also sought the inhibition of Prosecutor Casiño whom Truya reportedly offered P300,000 as financial assistance when the female prosecutor was shot in the nape by a disgruntled Canadian national named David Pope inside the Palace of Justice two years ago.
“The respondent empathizes with the prosecutor. Nonetheless, he is understandably anxious as to what the effect of such offer will be in the course of investigating this case,” Nalzaro’s lawyers Joan Baron and Lovely Myrrh Parado said in their motion.
Cebu Daily News tried to contact Prosecutor Casiño yesterday but she did not answer calls and a text message.
Truya said he will resolve Nalzaro’s pleading as soon as he gets hold of it.
“I have not read the motion for inhibition yet. But I’m expecting those grounds he cited. Anyway, I will let you know about my stand when I receive that motion,” Truya said.
Accusations
Truya is the chairman of the three-man investigating panel tasked to conduct preliminary investigation on the two libel cases filed by Osmeña against Nalzaro.
The members of the panel are Casiño and Prosecutor Misty Leah Escobar Hupp.
Nalzaro’s libel cases were earlier raffled to Prosecutor Rogelio Del Prado.
But the senior prosecutor let go of the case, saying he has a blood relationship with Osmeña.
Sought for comment yesterday, Osmeña said Nalzaro should answer the accusations leveled against him instead of choosing who to investigate and resolve the charges.
“Since when is the suspect allowed to influence the selection of his prosecutor? Only Super Bob is entitled to do that. Maybe, he thinks he should be exempted from libel. Why is he so scared?,” he said.
Last Dec. 2014, Osmeña filed two libel complaints against Nalzaro for purportedly maligning him in newspaper columns.
Osmeña claimed that Nalzaro accused him of fabricating charges against Cebu City Treasurer Diwa Cuevas.