Wednesday, January 24, 2007 Court asked to bar departure of ex-senator’s hubby involved in slay case
THE family of the slain business associate of former Batangas governor Antonio Leviste on Tuesday petitioned the Makati City court to issue a hold departure order against the former government official to prevent him from fleeing the country while the case is on trial.
At the same time, Senior State Prosecutor Emmanuel Velasco said the re-investigation of the case ordered by Justice Secretary Raul Gonzalez Sr. will start on January 31.
Gonzalez had asked the Bureau of Immigration (BI) to place the former government official in its watch-list, which is a one step to being barred from leaving the country that a hold departure order entails.
But Leviste's counsel Henry Capela said a hold departure order is an "uncalled for act" since his client has no intention of running away from the charges.
"My client says he will face whatever charges field against him in court. He has no intention of running away or leaving the country for the foreign shores," said Capela.
As for the re-investigation, Velasco said he has already sent subpoenas to the PNP and to the National Bureau of Investigation (NBI) to turn over to them the evidence and documents as well as the statements of witnesses in the incident.
He said the re-investigation would determine if the homicide charge earlier filed against Leviste will be upgraded to murder.
But Capela said the conduct of a re-investigation is still up to the court to decide since the case was already filed there.
Leviste claimed that he acted only in self-defense when he shot his close associate, Rafael de Las Alas as the victim's family was pressing authorities to instead file murder, a non-bailable offense, citing the second autopsy conducted by forensic pathologist Dr. Raquel Fortun showing '"defense wounds" on de Las Alas’ left forearm as evidence of murder.
De Las Alas sustained four gunshot wounds in the head, killing him instantly.
With this and the evidence gathered by investigators of the Makati City police, Second Assistant City Prosecutor Henry Salazar filed the lesser offense of homicide last week prompting Secretary Gonzalez to yank Salazar off the case.
Gonzalez appointed Velasco and ordered him to re-investigate the case saying that Leviste should have been charged with murder.
Leviste is set to appear on Wednesday before Makati City Regional Trial Court (RTC) Branch 150 Judge Elmo Alameda to be arraigned for killing de Las Alas. It will be Leviste’s first public appearance since the incident.
Leviste was confined for several days at the Makati Medical Center after he complained of high blood pressure after the incident. Doctors say he is suffering from hypertensive cardio-vascular disease.
He quietly left the hospital for an undisclosed location three days after paying P40,000 as bail for his temporary liberty.
But the arraignment might not push as de Las Alas’ family, though their counsel Joven Lorenzo already filed a motion asking Makati Alameda to defer the arraignment pending a re-investigation of the case. But Capela said they will oppose the motion to defer the arraignment. (AH/Sunnex)
