Thursday, March 06, 2008 Leviste, de las Alas' daughter greet one another
MORE than a year after he killed his long-time business confidant, former Batangas governor Jose Antonio Leviste managed to talk with the daughter of Rafael de las Alas during the resumption of the murder trial at the Makati Regional Trial Court (RTC).
Accompanied by his lawyers led by former justice undersecretary Ramon Esguera, Leviste arrived at the sala of Makati RTC Branch 150 Judge Elmo Alameda for the 9 a.m. Wednesday hearing.
Esguera replaced Manuel Singson as Leviste's lead lawyer after Singson succumbed to cancer last month.
De las Alas's daughter Dinna arrived past 10 a.m. Wednesday when the proceedings already started with the prosecution panel headed by Senior State Prosecutor Emmanuel Velasco presenting two witnesses for the rebuttal of the defense presentation.
The witnesses, Jester Donasco and Erlinda Lozada, were both residents in a lot owned by Leviste at St. Joseph, Sun Valley, in Parañaque City who were both evicted from the area in October and November 2005 allegedly on the order of the former governor.
The two told the court that Leviste badmouthed them while he ordered 100 Special Weapons and Tactics (Swat) policemen and demolition crew to demolish their houses.
They said the forcible eviction led to injuries and the death of one of the residents in the area.
Velasco said the testimonies of the two were crucial to investigate their case that the accused was a "violent" man with a "pugnacious and bad moral character" contrary to the claim of the defense.
But the witnesses were initially prevented from testifying after the defense lawyer objected to their testimonies saying the prosecution is presenting new evidence not included in their presentation, which is prohibited by the rules of court.
"The prosecution should have presented the evidence including the witness' testimonies during their presentation and not during the rebuttal. This is really absurd," Esguera said.
He said during rebuttal, witness' testimonies should directly respond to the presentation of evidence of the accused, and not to "present new evidence."
Velasco stood his ground saying the witnesses would corroborate the testimonies of earlier witnesses.
At one point the verbal exchange became heated when Velasco asked Esguera if the Leviste's lawyer was questioning his ability to conduct the examination of the witness.
"Is the good former justice undersecretary lecturing me on how to conduct the presentation of the witness?" Velasco said to which his former boss retorted "Yes."
Even Alameda initially refused to allow Velasco to present the witness saying the prosecution should present witnesses only to rebut the arguments of the defense that de las Alas was the violent one saying rules on rebuttal calls for this.
When he took the witness stand last month, Leviste said there was noticeable change in de las Alas's behavior prior to the shooting incident adding that he had financial problems brought by him maintaining several mistresses.
Leviste maintained that he shot the victim in self-defense after a heated argument inside his office at the 9th floor of the LPL Tower in Legaspi Village, Makati.
Eventually the court relented and agreed to continue the presentation although with the continuing objection of the defense.
In an interview after the trial, Leviste said the testimonies were "irrelevant" to the case and insisted he was not even at the area on the day where the demolition was conducted on October 10, 2005 as he presented to the media covering the trial a planner, which contained all his activities for the past 15 years.
He said on October 10, 2005, he was at home as he was suffering from high blood pressure. He said he only reported "back to work" on the afternoon of October 11.
During the break in the hearing, Leviste approached Dinna who was seated at the other side of the courtroom and talked to her for several minutes.
The former local official told Dinna what were the circumstances behind the January 12, 2007 shooting incident that left her father dead.
"I told her (Dinna) I had asked you on the very day that I have to tell you the story but you did not mind and did not allow me. I told her not to allow herself to be used by other people," he said, adding that, "both of us have suffered long enough especially my children who have nothing to do with this."
Leviste said that if Dinna only listened and understand him then "maybe we can cut the losses since we have suffered more than enough."
According to him, his daughter Toni, an equestrian champion, was willing to talk to Dinna.
Leviste insisted that he was a victim of "political persecution" citing the upgrading of the original homicide charges against him to murder after Justice Secretary Raul Gonzalez Sr. ordered a re-investigation on the case.
"This is absolutely related to politics. They thought that by persecuting me they would be able to hurt Loren and my nephew, Mark," he said.
Leviste was referring to his estranged wife, opposition Senator Loren Legarda with whom he had two children, and Mark Leviste, the present Batangas vice governor who ran against Edwin Ermita, son of Executive Secretary Eduardo Ermita, during the past elections. (AH/Sunnex)
