CEBU, Philippines - Regional Trial Court Judge Ester Veloso denied the request of prosecution lawyers to use live-link television during the testimony of minor witnesses in the case against Bella Ruby Santos and Ian Charles Griffiths, suspects in the killing of six-year-old Ella Joy Pique.
Prosecutors said allowing minor witnesses to testify through live-link television would prevent them from experiencing trauma, even harassment by lawyers during intense questioning while on the witness stand.
But Veloso said this will not happen in her court.
“It must likewise be noted that this court will never allow a witness, whether a minor or an adult to be harassed by any counsel,” Veloso’s order reads.
“This has not been substantiated by any credible evidence but appears to be speculative in nature. Any aforecited factors under Section 25 (e) of the said rule should at least be present before the motion could be given due consideration,” she said further.
She also said that her courtroom in RTC Branch 6 is not equipped with live-link television facilities and “cannot disturb the schedules of other courts where such facilities are available.”
Meanwhile, Veloso said that the motion of the defense to allow Santos to post bail and for a marathon hearing of the case will be subjected for trial.
“The court gives due course to the accused Santos’ application to bail. It is thus incumbent upon the prosecution to present evidence in support of its claim that the accused is guilty of the crime charged,” the omnibus order reads.
Veloso cited Rule 114 Section 8 of the Rules on Criminal Procedure, which says that the prosecution has the burden to prove that they have strong evidence in order not to grant the application to bail of an accused.
Prosecutors said earlier Santos should not be allowed bail because she is facing a heinous offense. Santos and Griffiths are facing kidnapping and homicide charges.
Defense lawyer Rameses Villagonzalo said they are happy of the decision of the court to deny the use of live-link television. He said it is the right of the accused to meet the prosecution’s witness in person.
The defense said earlier that using live-link television will usher in the possibility of the minor witnesses getting coached. — (FREEMAN)