Former Makati City Mayor Elenita Binay has sought the outright dismissal of her graft case at the Sandiganbayan as she claimed Ombudsman prosecutors allegedly failed to establish her guilt on the allegedly anomalous P45 million worth of purchase of beds and sterilizers for the Ospital ng Makati
In filing a motion for leave to file demurrer to evidence at the anti-graft court’s Third Division, Binay said: “Upon the most respectful submission that the Prosecution failed to discharge its burden of overcoming the Constitutional presumption of innocence in that it failed to present evidence that will prove the guilt of the accused beyond reasonable doubt, herein accused is entitled to file a demurrer to evidence.”
Apart from the graft and malversation of funds case for the alleged anomalous purchase of beds and sterilizers for the Ospital ng Makati, Binay also faces trial at the anti-graft court in connection with the alleged anomalous purchase of office partitions and furniture worth P70.06 million in 1999 during her tenure as Makati mayor.
Binay’s husband, former Vice President Jejomar Binay, is facing charges at the anti-graft court over alleged questionable construction of the Makati Science High School and the alleged overpriced Makati City Hall Parking Building. “‹
Elenita was allegedly involved in the irregular purchase of hospital beds and cabinets, and dry-heat sterilizers through direct contracting from Apollo Medical Equipment and Supplies, and its proprietor Apollo Carreon.
Elenita’s lawyers said the prosecution failed to prove the P45-million contract was anomalous even as her camp said there was insufficient proof she conspired with her co-accused public officials in awarding the contract to Apollo Medical, the supposed exclusive distributor of the supplies.
“Accused has a strong case for the immediate dismissal of the captioned criminal cases for failure of the prosecution to discharge its burden of proving her guilt beyond reasonable doubt,” Binay said.
“If only to spare her from the unnecessary burden, expense and anxiety of having to defend herself in a public trial, herein accused respectfully prays that she be granted leave,” she added.
On the part of the prosecution, it said the case it is able to present a solid case against Mrs. Binay.
“She cannot simply make a stroke of the pen on every document presented to her and thoughtlessly rely on the acts of her subordinates. It is her primary duty to ensure that every penny that goes out of the coffers is based on a lawful, legal and regular transaction,” the prosecution said.
