• Cedric Lee’s motion to dismiss the cases filed against him was junked by the Sandiganbayan
• The anti-graft court said Lee did not present new argument to warrant the reversal of its earlier ruling
• Lee is accused of graft and malversation in connection with the public market in Mariveles that was never constructed
Businessman Cedric Lee’s motion to quash the charges against him in connection with the “ghost” Mariveles public market has been junked by the Sandiganbayan.
Lee is the co-accused of former Mariveles, Bataan Mayor Angel Paliglorio in the graft and malversation cases over the receipt of payment for the P24-million public market that was never constructed.
In his motion to quash the cases filed against him, Lee said there is no probable cause to hold him in trial as he is not a public official.
In its 16-page resolution, the Sandiganbayan Third Division said Lee’s motion seeking the dismissal of the one count of violating the Republic Act Number 3019 or the Anti-Graft and Corrupt Practices Act and one count of malversation under Article 217 of the Revised Pena Code lacks merit as the businessman failed to present new argument that would make the court reverse its July 24, 2015 resolution that found probable cause to hold them on trial.
Part of the anti-graft court’s resolution penned by Associate Justice Sarah Fernandez was shared in a GMA News Online article written by Elizabeth Marcelo. It read: “Accused Lee’s plea is without basis. There is no reason to depart from this Court’s previous pronouncement on the existence of probable cause for the issuance of warrant of arrest for accused.”
The resolution was concurred to by Presiding Justice Amparo Cabotaje-Tang and Associate Justice Samuel Martires.
The anti-graft court said the other points raised by Lee in his motion to quash are “all matters of defense which are not the proper subject of a motion to quash, and, thus, are best threshed out during the trial of the case.”
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