De la Victoria slay case: Defense eyes reporter as its first witness

The counsel of murder suspect Marcial Ocampo want a radio reporter to be their first defense witness to be presented in court when their turn to present their evidence starts on Monday.

Hector Fernandez and son Vicente II said they learned that the reporter arrived first at the crime scene ahead of the responding policemen when Bantay Dagat official Elpidio "Jojo" de la Victoria was fatally shot outside his house in barangay San Roque, Talisay City, last April 12.

It was reported that the radio reporter even saw the gunman when he fled from the crime scene, but if he does not want to take the witness stand, Hector said they have other witnesses to prove that it was not Ocampo who killed De la Victoria.

In yesterday's hearing of the case before RTC judge Ireneo Lee Gako Jr., Hector decided to waive his right to cross-examine De la Victoria's widow, Evelyn, who was presented as the last prosecution witness.

Hector said he does not want to add to the sadness of the victim's widow, but some observers said Hector did it only after Gako called him to the bench and gave some instructions.

But Hector objected when De la Victoria's wife told the court that he wanted Ocampo to pay her P800,000 as moral and exemplary damages.

"Ah, wala to'y bili namo ang gipangayo niya nga damages mao nga wala na lang ko mo-cross examine niya. Kon maabswelto ni si Ocampo sa kaso unsaon man mobayad pa diay siya?" Hector said.

Private prosecutor Fritz Quiñanola said he will submit to the court before noon today their formal offer of exhibits. Hector said he will also submit an opposition to the evidences that are considered irrelevant. - Rene U. Borromeo