Defense accuses "eyewitness" of testifying due to cash reward

The prosecution's touted eyewitness to the Jojo dela Victoria killing was accused of having showed up to testify only because of the P200,000 reward money for anybody who could help in the arrest of the gunman.

Hector Fernandez, defense counsel of murder suspect Marcial Ocampo, grilled "eyewitness Joselito Gerali for three hours in the yesterday's trial of the case in an attempt to assail the latter's credibility. It was the third time that Fernandez cross-examined Gerali.

Fernandez tried to show to Regional Trial Court judge Ireneo Lee Gako Jr. that Gerali might have only monetary interests in testifying against Ocampo because if he actually witnessed the killing then why did it took him late to inform the police about it.

Gerali admitted that he only gave information to the authorities the day after Dela Victoria was shot by a lone gunman outside the victim's house in barangay San Roque, Talisay last April 12.

Gerali said he even refrained from sharing what he saw and knew about the shooting even to media members who went to the crime scene immediately after the incident.

Gerali however denied that he was after the P200,000 reward that Mayor Tomas Osmeña had offered earlier, saying, "Wala ko kahibalo nga duna diay reward. Tabang ra g'yod ning ako aron mahatagan og hustisya ang akong bayaw (I did not know there was a reward. I am merely helping my slain brother-in-law obtain justice)."

Gerali, whose little store is located about 12 to 15 meters-away from Dela Victoria's house, was the victim's brother in-law.

However Fernandez could not take Gerali's argument and even raised the possibility that the agents of the PNP Criminal Investigation and Detection Group might have fed Gerali the information to link Ocampo to the crime.

But Gerali parried the lawyer's attack with a stern "No", insisting that what he stated in his affidavit was what actually happened.

Gerali restated his affidavit that he saw a man-wearing short denim pants, camouflage hat, gray T-shirt and a pair of brown shoes-first approached his store but quickly ran to the direction of Dela Victoria's house upon seeing the latter arrive at past 3 p.m. that fateful day.

Although Gerali was not able to identify Ocampo at that time, he was able to positively identify the policeman during a police line-up at the CIDG office last April 17.

Fernandez continued his assault though telling the court that Gerali's testimonies were doubtful because after Dela Victoria was gunned down, Gerali said that he and his neighbors chased the gunman and got the latter surrounded but they could not arrest him because he had a gun.

The defense counsel uncovered a part of Gerali's affidavit that stated he used his motorcycle in chasing the fleeing gunman.

Gerali, however, explained "Gigukod nako, apan pag-abot nako'g mga 50 metros, mibalik ko og gikuha ang akong motor aron dali nga maapsan ang tawo nga mipusil ni Dela Victoria."

The prosecution and the defense yesterday agreed with the judge to conduct an ocular inspection of the crime scene, maybe by the middle of this month. - Rene U. Borromeo