Arriola faces Manibusan

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Posted on Sep 15 1999
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Lawyer Joseph Arriola faced Presiding Judge Edward Manibusan for the first time on Monday since his attempt to make the Superior Court’s highest ranking judge sit on the witness stand to testify on the government’s alleged illegal seizure of his client’s properties.

Arriola said he expected it to be an awkward “encounter” but he decided not to seek the disqualification of Manibusan saying he trusts the judge’s fairness.

Manibusan heard the case of nine suspected illegal gambling operators, who are all represented by Arriola.

The nine persons were charged by the Attorney General’s Office in connection with the July 3 raid on the former Abracadabra Shop in Garapan.

At the hearing, Arriola entered a plea of not guilty on behalf of his clients.

He has asked that the case be dismissed on grounds that the information filed by the AG’s office had defects such as the incorrect entry of date and the absence of acting Atty. Gen. Maya Kara’s name in the charge sheet, which he said violated the “appointment clause” of the court rules.

Manibusan told the young lawyer to “slow down,” and ordered him to file a motion in written form.

Manibusan denied Arriola’s motion for preliminary examination that would establish “probable cause.,” saying such procedure was not necessary since the defendants were not in the custody of the authorities.

Manibusan has scheduled a status conference for Nov. 3.

Manibusan and chief prosecutor Kevin Lynch earlier filed a motion to sanction Arriola in connection with his move to summon them to testify on a case which involved a client’s bid for return of the properties seized by the government.

The motions have described Arriola’s issuance of subpoena on the judge and the chief prosecutor as ” extremely improper.”

Arriola maintained he did not mean to harass the two officials.

Superior Court Associate Judge Timothy Bellas, who heard the motion for sanction, has yet to issue a decision. (MCM)

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