Augusto Go's niece asks judge to inhibit from handling libel case

The niece of the honorary consul of South Korea and University of Cebu president Augusto Go, who was earlier indicted for the crime of libel filed by her uncle, has sought for the inhibition of the judge handling her case because of alleged biases.

Elizabeth Gotianuy has asked Regional Trial Court Judge Sylva Paderanga to inhibit from the case after the latter denied the prosecution's motion to withdraw the information of the case.

Gotianuy, in a 20-page motion for inhibition, alleged that Paderanga acted with grave culpable bias, mocking the administration of impartial justice and should inhibit from further handling the case to avoid miscarriage of justice.

Gotianuy said that not a single affidavit of the witnesses of her uncle would point to her and her co-accused Jerry Lee as the alleged authors of the libelous article entitled "Treachery Beyond Doubt", copies of which were inserted in newspapers.

She said that Paderanga's ruling on August 16, which denied the withdrawal of the case saying that the identity of the author is not one of the elements of the crime of libel and that the court takes into consideration the person who will be benefited one way or the other from the said defamatory writings, allegedly shows the judge's despicable bias.

"Only a biased judge cannot see his simple and basic distinction, if one is not ignorant of the law," Gotianuy said.

She described the court's conclusion that she would benefit from the defamatory writings as "baloney", and claimed that such statement is a "conclusive proof of her acute bias."

Gotianuy said Paderanga should inhibit herself from handling the case for delicadeza and to avoid miscarriage of justice.

Justice Secretary Raul Gonzales, in a resolution dated July 4, reversed an earlier finding of probable cause by assistant city prosecutor Jesus Feliciano, saying there is no specific proof to show that the two accused were the authors of the alleged libelous materials inserted in the newspapers.

But, Paderanga said there is probable cause to hold the two accused for trial because of the crime of libel that Go has filed against them over the circulation of the alleged malicious leaflets that accused him of the crimes of theft, falsification and estafa.

The leaflets entitled "Treachery Beyond Doubt," which were reportedly inserted in the newspapers distributed by Lee, narrated in detail the manner by which Go allegedly dispossessed his brother, Jose Gotianuy, of his properties and holdings.

Part of the leaflet reads, "Elizabeth Locke Gotianuy is undoubtedly a victim of grievous broad-daylight thievery, falsification and swindling, committed so very insultingly simply and shameless done." - Fred P. Languido/QSB