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Acquitted ex-civic leader plans vacation abroad

Thursday, April 28, 2005
Acquitted ex-civic leader plans vacation abroad
By Ben O. Tesiorna

DAVAO CITY -- Businessman Jose B. Custodio is planning to go abroad after his acquittal from the rape charges filed against him by former colleague Karen Vertido.

In a telephone interview Wednesday, Custodio said the almost nine years of incarceration has taken a toll on him that all he wanted to do now is rest.

"I'm tired. I want to rest for a while," Custodio said.

He said they have plans of traveling abroad with his wife and family so he could make up for lost time.

Asked to comment on the statement of the Vertidos saying that the fight is not yet over, Custodio said he does not want to exacerbate things and would rather keep quiet.

Citing insufficient evidence, the court acquitted Custodio last Tuesday of rape charges filed against him by Vertido.

The acquittal was contained in a 20-page decision by RTC-Branch 11 Judge Virginia Europa.

Europa also ordered the release of Custodio from detention at Ma-a City Jail, where the accused was detained for eight years and three months following the filing of the rape charges against him.

The celebrated rape case was finally decided after being passed from one judge to another for nine years. Vertido accused Custodio of raping her inside the Bermuda Gateway on J.P. Cabaguio Avenue on the evening of March 29, 1996.

Europa handed the decision amidst tears of sorrow from Vertido's side and various women's groups who were there, and tears of joy from Custodio's family, relatives and supporters.

The decision was read before a jam-packed crowd, mostly relatives, lawyers and supporters of both camps and curious spectators who wanted to get a first hand account of the promulgation proceedings.

In the decision, Europa said the evidence presented by the prosecution, particularly the testimony of Vertido, "leaves too many doubts in the mind of the court to achieve the moral certainty necessary to merit a conviction."

Europa also stated that there could be no worse violation of a woman's person than the crime of rape but the bottom line in determining charges of rape is the credibility of the testimony of the complainant.

Before the reading of the decision, Europa reminded the public not to make any reaction during and after the promulgation.

After the decision was read, the visibly disappointed Vertido was immediately escorted out of the Ninoy Aquino Hall of Justice by her family and left in a waiting taxicab.

For Bisaya stories from Davao. Click here.

(April 28, 2005 issue)
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