“In order to appease any suspicion of an alleged miscarriage of justice,” the Sandiganbayan has decided to reopen the case of Ambassador Lauro Baja for alleged misuse of funds for the repairs at the Philippine Mission’s townhouse in New York.
In a resolution dated Jan. 10, the anti-graft court’s Fourth Division granted the motion for leave to reopen the proceedings against Baja.
“In order to appease any suspicion of an alleged miscarriage of justice, the accused is allowed to present his additional evidence,” the Sandiganbayan said.
The court said Section 24, Rule 119 of the Revised Rules on Criminal Procedure allows the reopening of the case as Baja’s conviction as long as it is not yet deemed final.
“Jurisprudence states that the only controlling guideline for the re-opening of cases is the paramount interest of justice, emphasizing that the remedy was meant to prevent a miscarriage of justice,” the anti-graft court said.
The anti-graft court set the presentation of evidence on March 4 and 5.
Baja, in his motion, urged the Sandiganbayan to reopen the case to allow the testimony of representatives from the Commission on Audit and Lexington Insurance Corporation.
Baja, a former Philippine Permanent Representative to the United Nations, was meted out with 16 to 24 years of imprisonment after the Sandiganbayan found him guilty of graft and malversation of public funds.
Court records said Baja have deposited the $17,542.27 insurance money to an account to accommodate the payment made by an insurance company for the repair of the broken second floor heating system pipe at the townhouse. Baja should have deposited the money to the Philippine Mission’s account.
But later on, Baja withdrew the insurance money he had deposited in the account he opened in several transactions.
Baja said the reopening of the case will prove that he did not violate any COA rules on the disposal of the insurance proceeds and that there was no misappropriation of funds.