Sunday, January 21, 2007 Kin of slain aide of ex-guv seek postponement of arraignment
THE family of the slain business associate killed by former Batangas governor Antonio Leviste two weeks ago wants the scheduled January 24 arraignment of the erstwhile provincial leader deferred pending the appointment of a new prosecutor who will handle the case.
Attorney Joven Lorenzo, counsel of the family of Rafael De Las Alas, said the arraignment should be postponed while the Department of Justice (DOJ) is yet to resolve on who will handle the case after Justice secretary Raul Gonzalez Sr. sacked Makati City Assistant Prosecutor Henry Salazar from the case after Salazar recommended the filing of homicide charges against the former government official.
“We will file a motion to defer the scheduled arraignment because we will have to wait for the DOJ’s appointment of a new acting prosecutor on the case,” Lorenzo said.
Gonzalez criticized the prosecutor and the police for filing homicide charges instead of murder against Leviste, citing the number of bullets fired and the wounds sustained by De Las Alas.
The 68-year-old de Las Alas sustained four gunshot wounds on his head and another one on his left hand in the incident that Leviste claimed was an act of self-defense.
Leviste’s staff, Nelia Gonzalez told police investigators she heard the victim and the governor arguing inside Leviste’s 9th floor office at LPL Tower at Legaspi Village Makati prior to the incident.
She said the two were arguing about financial matters as well as the new administrative procedures that Leviste wanted to implement in the company, which de Las Alas apparently opposed.
The arraignment was ordered by Makati Regional Trial Court (RTC) Branch 150 Judge Elmo Alameda, whose sala is handling the case.
Lorenzo said they will be asking whoever the DOJ would be appointing as the new acting prosecutor to take a “second look” into the investigation conducted by the Makati City police and evaluate if the charges constitute murder instead of the lesser case of homicide.
Murder is a non-bailable offense while suspects accused of homicide can post bail to win temporary liberty.
Lorenzo said they will also be filing a motion for re-investigation before the justice department to see if the charges can be upgraded to murder.
“The thing is anyone who feels that there is some other offense that was done can ask for a review or a re-investigation and we are set to do just that,” added Lorenzo.
The victim’s relatives led by his daughter Dina has been pressing for the upgrading of the charges and have called on the National Bureau of Investigation (NBI) to reinvestigate the case.
Their move was supported by the anti-crime group Volunteers Against Crime and Corruption (Vacc}, which expressed fear that the investigation might be “railroaded” due to the influence of the Leviste family.
Meanwhile, Leviste has checked out of the Makati Medical Center where he was confined since the day of the killing due to high blood pressure. It was also there that he surrendered himself to Makati City Mayor Jejomar Binay and Makati City Police Director Gilbert Cruz.
Leviste’s legal team led by Attorney Henry Capela already posted P40,000 as bail for their client’s temporary liberty. (AH/Sunnex)
