Thursday, November 01, 2007 Murder suspect asks DOJ for transfer of case
THE former policeman indicted for the murder of former Sta. Fe, Cebu mayor Rogelio Ilustrisimo Sr. is again asking the justice department to conduct a reinvestigation on his case and to transfer the proceedings from Cebu to Manila.
Arnulfo Pigon Jr., 29, also repeated his claim that his life is in danger.
In a motion filed last Oct. 15, Pigon asked the Department of Justice (DOJ) to seriously consider his appeal.
Likewise, he requested the DOJ that the filing of the murder case against him in court be held in abeyance until he could present his witnesses and pieces of evidence.
A copy of the motion was furnished to the Cebu City Prosecutor’s Office yesterday.
Pigon earlier asked for a reinvestigation of the complaint filed against him and for the transfer of venue, citing threats to his life.
Justice Secretary Raul Gonzalez earlier denied the motion and ordered the Cebu City Prosecutor’s Office to resolve the complaint.
Rival
Last Oct. 1, Cebu City Prosecutor Nicolas Sellon approved the recommendation of Assistant Prosecutor Marla Barcenilla to file murder charges against Pigon for the death of Ilustrisimo.
The former mayor was gunned down right outside the provincial office of the Commission on Elections (Comelec) last May 2.
His co-accused Domingo Zaspa was, however, cleared. Zaspa was Ilustrisimo’s rival in the last elections.
But lawyer Feliciano Ledesma said Pigon did not have the chance to adequately present his defense or contest the charge against him.
Ledesma said that if given a chance, they will prove that there is no prima facie case against Pigon.
Bias
He argued that “transfer of hearing and the re-investigation of the case should be conducted to avoid bias and prejudice against the accused and to effect an objective evaluation of the merits of the case in determining whether or not probable cause exist.”
The prosecutors, in a five-page resolution, said Pigon’s primary defense that he was in Cupang, Antipolo on the day of the shooting outside the Comelec office at the Capitol compound cannot overturn the identification made by three disinterested witnesses, one of whom placed Pigon at the crime scene.
A taxi driver identified Pigon as the gunman.
Zaspa was implicated in the murder after he was seen allegedly talking to Pigon a day after the incident.
Video footage from the security cameras inside the Capitol compound also showed him running away from the crime scene with his son.
The Zaspas and Ilustrisimo were attending a hearing on a disqualification case Domingo had filed against the reelectionist mayor.
Ilustrisimo died at the scene. He had four gunshot wounds in his nape and forehead. (KNT)
