Barbers seeks dismissal of graft raps

Former Surigao del Norte governor Robert Lyndon Barbers has asked the Sandiganbayan to dismiss the criminal charges filed against him over his alleged involvement in the fertilizer fund scam.

Barbers said the “inordinate delay”of the Office of the Ombudsman in filing the cases violated his constitutional right.

In an 18-page motion, he said it took the ombudsman more than 10 years to finish its probe and file the charges.

“There was an unex- plained delay attendant to the fact-finding investigation…This delay resulted in the violation of movant’s right to speedy disposition of cases guaranteed by no less than the 1987 Constitution,” the motion read.

Barbers cited the dismissal of the graft cases filed against former senator Lito Lapid and Games and Amusement Board chairman Abraham Kahlil Mitra also in connection with the fertilizer scam due to the “inordinate, vexatious, capricious and oppressive” delay in the investigation by the ombudsman.

In dismissing the cases, the Sandiganbayan First Division noted that it took the ombudsman four years and six months to investigate the cases filed against Lapid and five years and six months for those filed against Mitra.

“In fealty to his right to equal protection of the laws, there is no reason to deny the accused of the benefits granted in favor of…Lapid and…Mitra,” Barbers said.

Barbers is facing two counts of graft and two counts of malversation of public funds over the purchase of P4.998 million in fertilizers in 2004 without public bidding. Graft probers said the fertilizers were overpriced by P4.431 million or by P1,330 per kilo.

Six former provincial officials and a private individual were named respondents in the cases.

Ex-Agusan treasurer nabbed

Meanwhile, in Agusan del Norte, Jury Losutan, former municipal treasurer of Jabonga town, was arrested on Friday night in connection with the charges he is facing over missing funds.

The arrest was based on a warrant for malversation of public funds issued by Cabadbaran City Regional Trial Court Branch 34 Judge Godofredo Abul dated Aug. 5, 2015.

Abul recommended bail of P30,000 for Losutan’s temporary liberty.

–