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Tuesday, January 17, 2006
Court asks fiscals: Do you need state witness?
A statement made at the outset of the trial may be detrimental for the prosecution in the Arbet Sta. Ana-Yongco murder case.
Regional Trial Court (RTC) Judge Bienvenido Saniel heard the oral arguments of both prosecution and defense on whether murder co-accused Eddie Ardita should be discharged from the case and turned into a state witness.
“Not to prejudge the case, (but) the court must be satisfied that there really is a need to discharge the accused,” he said.
Saniel said the prosecution has already manifested they have enough circumstantial evidence to prove their case.
If this were indeed so, he added, then Ardita’s testimony would not only be unnecessary but also redundant.
Saniel yesterday gave the prosecution and the defense 20 days to submit their respective memoranda on the issue.
Defense lawyer Orlando Salatandre objected to the prosecution’s motion to discharge, saying whatever Ardita’s testimony will be will not affect the outcome of the case.
“We should not display our innocence here,” he said, adding that based on Ardita’s own account, he was not present during both the planning and the shooting.
“We should not give merit to that motion. It will not help the solution of the case; it will just spoil the investigation and the prosecution of the case,” he added.
Ardita has applied for state witness status in exchange for his release from jail and discharge from the criminal proceedings.
He has executed an affidavit that detailed how, among other things, the Yongco murder was meant to ease the pressure on Ruben Ecleo Jr., whom the slain lawyer was trying to prove guilty of parricide.
Ardita had said he was a motorcycle-for-hire driver plying the Pit-os route and that co-accused Michel Favila arranged for his services on the morning of Oct. 11, 2004, the day Yongco was shot inside her Zapatera home, for P10,000.
A mutual friend introduced him to Favila three days before, when he was invited for a drink.
He said Favila categorically told they were going to attack someone who was reportedly getting in the way of his master’s case.
“He also told me not to worry because if anything went wrong, somebody would help us,” read Ardita’s affidavit.
Salatandre downplayed the veracity of the statements when sought for an interview immediately after the affidavit went public.
“It doesn’t appear likely that a person who you’d just met would tell you of his plans to murder someone and, much worse, recruit you as an accessory to it,” he reiterated during yesterday’s hearing. (KNR)
For Bisaya stories from Cebu. Click here. (January 17, 2006 issue)
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