AFTER posting a P100,000 bail for his temporary liberty, the legal counsel of the taxi driver who was accused of spraying a chemical through his air-conditioned vent and robbing his passenger said they are set to prove the 'physical impossibility' of the incident on June 7.
The accused Santos Descallar Diez, through his legal counsel Rogelio Largo, told Sun.Star Davao in a phone interview that they are looking into the airport logbook, travel time, distance, taxi fare, closed circuit television (CCTV) footages and testimonies of the taxi drivers in the airport to prove that the accused did not rob the complainant Jesus Famacion Dizon II.
"Diez has already told us that he picked up the passenger from the airport and the passenger alighted in Buhangin. After that, he returned to the airport and he even picked up another passenger as seen in the logbook of the airport. We will show the physical impossibility of Diez bringing the complainant to as far as Hill Crest Subd. Diez could not have delivered the complainant as far as Hill Crest given that in a short time, he went back to the airport and waited for another arriving plane," Largo said.
The suspect's lawyer noted that the travel time from the airport to Hill Crest Subdivision, where the victim claimed to be when he regained consciousness, is between 30 to 35 minutes and the same goes when going from the subdivision back to the airport. Thus, he insisted that based on the airport logbook, Diez could not have brought the complainant to the subdivision within the given time all the more, the robbery.
Largo also said that they will be looking into the taxi meter to prove that the accused alighted from Buhangin and not in Hill Crest Subdivision.
"The manufacturer of the taxi meter confirmed that they could look into the time, date and fare readings of the meter. We are still asking permission from the Land Transportation and Franchising Board (LTFRB) so that we could have an expert look into the readings," Largo said.
Diez earlier revealed that the fare of the complainant when he alighted in Buhangin was P89 thus; Largo said that if the reading of the taxi meter is the same with Diez' statement, he could prove his innocence before the fiscal.
Largo added they are also getting sworn statements from the taxi drivers who were with Diez while they were waiting for passengers in the airport while CCTV footages particularly at the intersection near the airport could also be of great aid to their defense.
The accused is given 10 days by Prosecutor Panfilo Lovitos to submit his counter-affidavit.