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Friday, April 13, 2007

 

DOJ set to block Leviste bail plea

By James Konstantin Galvez, Reporter

The Department of Justice will present seven more witnesses before the Makati Regional Trial Court to prevent former Batangas governor Antonio Leviste from posting bail.

To take the witness stand at the sala of Judge Elmo Alameda of Branch 150 of the Regional Trial Court when the hearing on Leviste’s motion for bail takes place on April 25 are Dr. Voltaire Pascual Nulud, Supt. Juanita Ramos, PO3 Miriam Ciocon, PO2 Herman Panabang, PO1 Elmer Manuel and nonuniformed personnel Arturo Relos and Beet­hoven de Rama.

Nulud is the medico-legal officer of the Southern Police District which conducted the autopsy on Rafael de las Alas, who Leviste shot and killed in January. Leviste, who is facing a charge of murder, claimed self-defense.

The rest investigated the case.

Senior State Prosecutor Emma­nuel Velasco said the list complies with the order of Alameda on March 28 for the prosecution to present its witnesses for their opposition to Leviste’s bail petition.

Velasco said the prosecution would present at least 15 witnesses to bolster the argument that the evidence against Leviste is more than enough for the court to dismiss his petition.

In his petition, Leviste argued that the evidence presented by the prosecution is weak and that the right to post bail, especially if the crime is not a heinous offense, is guaranteed by the country’s Constitution.

But Velasco said their evidence is sufficient for the court to deny the petition, adding that Leviste is charged with murder, a nonbai­lable offense. The prosecution earlier presented Senior Insp. Elizalde Odi, Senior Insp. Armin Guer­re­ro and P03 Dondon Villa­rarbo as their first witnesses in their opposition to the bail petition.

Odi, the head of the SPD Scene of the Crime Operatives which went to the crime scene at the 9th floor office of Leviste at the LPL Tower in Legaspi Village, testified that de las Alas’s 9 mm pistol was in a safety mode during the incident.

Asked by defense lawyers to clarify what he meant by “in a safety mode” Odi said it means the gun was not fired.

Guerrero, a forensic firearms examiner of the SPD Crime Laboratory and Villararbo, the crime lab’s fingerprint examiner, testified that the four shells found at the crime scene came from Leviste’s Walther model 380 pistol.

De las Alas’s family sought a reinvestigation and the court approved the recommendation of the Department of Justice upgrading the charge from homicide to murder.

   
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