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Friday, June 24, 2005
Absence of witnesses stalls cop’s bail hearing
THE hearing for SPO4 Juanito Pajantoy’s petition for bail was stalled anew, as the prosecution yesterday failed to present a witness to the alleged murder of suspected robber Omar Patiño.
Ombudsman Prosecutor Macaundas Hadjirasul would have wanted to present four eyewitnesses but the National Bureau of Investigation and the court sheriff failed to locate them for the subpoena.
Two of the witnesses were employees of a store along Gen. Maxilom Ext. where the incident happened, but Hadjirasul said it has long been closed.
Another supposed witness was a salesman who was not located by the subpoena carriers because he was on the field, while a cigarette vendor in the area could no longer be located.
Hadjirasul clarified to reporters, though, that the failure to locate the witnesses were only because of lack of time, and not because they were missing.
He is confident, however, that in the continuation of the hearing today, at least one eyewitness would be presented.
The prosecution wanted to prove that Patiño already had his hands up in surrender when Pajantoy shot him after a chase on July 15, 2003.
Another casualty during the same incident was another responding policeman, PO3 Michael Sarcol who, according to the prosecution, was accidentally shot by Pajantoy.
A case for reckless imprudence resulting to homicide was also filed against Pajantoy for Sarcol’s killing before the Municipal Trial Court in Cities.
While the defense allowed the prosecution to put off yesterday’s hearing, lawyer Clarence Paul Oaminal objected to any other postponement.
The prosecution would have presented NBI ballistician Isabelo Silvestre yesterday to testify that it was the gun of Pajantoy that hit Patiño, but the defense waived the presentation and admitted the fact.
Meanwhile, co-counsel of the accused, lawyer Glen Villariza, said Pajantoy is not facing any danger in the BBRC. The defense initially feared that the city jail will prove dangerous for the policeman considering that he may be placed in the same cell as those he arrested. JGA
(June 24, 2005 issue)
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