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Wednesday, June 14, 2006
Gako suspends SPO1 Ocampo for 3 months
By Jujemay G. Awit
Sun.Star Staff Reporter
SPO1 Marcial Ocampo cannot appear in court wearing his police uniform for the trial of his murder case.
That’s because Cebu Regional Trial Court (RTC) Judge Ireneo Gako granted the prosecution’s motion to have Ocampo preventively suspended for 90 days.
Ocampo, who is accused of killing Cebu City Bantay Dagay chief Elpidio “Jojo” dela Victoria last April 12, will lose his salary, allowances and benefits as well as his right to wear his uniform while he is suspended.
Since his arraignment, Ocampo has been attending the trial in his PNP uniform.
Objections
“If he continues to wear his uniform during the trial, it will denote usurpation of public authority,” said private prosecutor Fritz Quiñanola, a retired police official.
Ocampo objected to the prosecution’s motion to have him suspended, saying there is no need because he is already detained.
Also, there was no notice of hearing for the motion.
But Gako said the PNP Reform and Reorganization Act of 1998 does not distinguish whether the accused is detained or not.
As for the notice of hearing, Gako said Ocampo has been granted due process when the court gave him time to answer the prosecution’s motion.
Meanwhile, the continuation of Ocampo’s trial was a heated one, with defense lawyers Hector and Vicente Fernandez raising at least nine objections and the prosecution, at least three.
Threat
During the hour-and-a-half hearing, Winston Gerali, the third prosecution witness, told the court that Ocampo threatened him while he was chasing the policeman, along with his brothers and some friends.
“Gusto ka nga ikaw and mosunod og kamatay? (You want to die next?),” Gerali quoted Ocampo, adding that he saw the alleged gunman sporting a police badge on his black belt.
Before that, while the policeman was along the crossing of Rabaya St. and Ramona Village in Dawis, San Roque, Talisay City, Gerali said Ocampo looked like he was looking for someone.
He further testified that he could not stop the gunman during the chase because the gun was cocked and ready for firing.
Gerali demonstrated how Ocampo was holding the weapon.
At this point, Vicente stood up and told the court that private prosecutor Rameses Villagonzalo was coaching the witness by gesturing as if he was “cocking a gun.”
Gerali continued that all he could do was look at the accused.
“Kung basket pa, one-on-one mi ana, patay na siya. Pero naa man siya’y pusil, aw patay nako ana, patay gani Jojo (If that were a one-on-one basketball game, he would have died. But since he had a gun, I would have died. Look what happened to Jojo),” he said.
Most of Gerali’s statements corroborated the testimony of his brother Joseph, the second prosecution witness and dela Victoria’s brother-in-law.
In the middle of his testimony, Hector manifested that the witness appeared “perturbed,” since Gerali’s legs kept shaking while he was at the witness stand.
But Gerali was quick to defend himself, saying it was a habit.
Gerali also said Ocampo had to ask his (Ocampo’s) wife for lipstick after he was identified as the gunman during the police lineup last April 17. He recalled that Ocampo looked very pale.
The police are still trying to identify the mastermind behind dela Victoria’s killing.
Dela Victoria was shot near the gate of his house in Ramona Village, Talisay City during Holy Week. He died the next day in the hospital, after undergoing surgery for several gunshot wounds.
For Bisaya stories from Cebu. Click here. (June 14, 2006 issue)
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