Court to inspect area where Jojo was shot

Judge Ireneo Lee Gako Jr. has scheduled for Friday afternoon an ocular inspection of the area where Bantay Dagat project director Elpidio "Jojo" de la Victoria was gunned down.

This after the prosecution panel led by Fritz Quiñanola had sought for an ocular inspection following the defense's presentation of pictures showing the store, from where one of the witnesses stood when de la Victoria was shot, is far from the house of the victim.

De la Victoria's brother-in-law, Joselito Gerali, the prosecution's second witness, said that he saw SPO1 Marcial Ocampo shoot the victim on April 12. Gerali said that his store is located very near the house of De la Victoria, but the pictures presented by the defense showed otherwise.

The ocular inspection, according to the prosecution, would give a clear picture as to the correct distance of the witness from the victim at the time of the shooting. Gako clarified that there will be no reenactment of the shooting during the inspection.

Gerali's testimony was terminated yesterday with the prosecution asking him to sketch the crime scene. But defense lawyer Hector Fernandez raised objection, which was then overruled by Gako.

Fernandez claimed that Quiñanola tried to rehabilitate the damaged testimony of the witness during cross-examination, saying that it is not allowed under the rules.

But Gako said that allowing the witness to reconstruct the sketch of the crime scene does not destroy the theory of the defense that the accused was innocent of the allegation.

Fernandez yesterday tried questioning Gerali's failure to chase the gunman when he was driving a motorcycle. Gerali, however, said he did not follow the gunman when the suspect boarded a taxi because he feared for his life.

Quiñanola said they would present their third witness on Tuesday after the ocular inspection. - Fred P. Languido