Defense questions CCTV clip showing fatal mauling of former US marine

MANILA, Philippines - Public prosecutors on Thursday presented in court a portion of a video clip taken by a closed circuit television security camera (CCTV) allegedly showing the fatal mauling of former United States Marine George Anikow on the early hours of Nov. 24 near a posh subdivision in Makati City.

However, the credibility of the clip, shown during the resumption of the trial for murder against four young men accused of beating and stabbing Anikow dead, was questioned by their lawyers. This prompted Makati Regional Trial Court Branch 59 Judge Winlove Dumayas to ask the Rockwell Center security that the original CCTV footage be surrendered to the court.

Before the clip was shown in court, prosecution lawyers presented Damasino Dosonan, Jr., the detachment commander of the Rockwell Center to authenticate the video clip.

Dosonan testified having received a letter from the Makati Police requesting for a copy of the CCTV footage of the incident.

Assistant Chief Prosecutor Hannah Arriola then asked the court if the video clip could then be shown.

However, the motion was quickly countered by Jacinto Ende, lawyer for Crispin de la Paz who questioned the clip’s authenticity. Ende argued that what was about to be shown in court is just a copy of the original CCTV security video.

Lawyer Miguel Damaso, counsel for accused Juan Alfonzo Abastillas, also argued that while the defense lawyers have the same copy of the video footage, this does not warrant its authenticity.

Damaso then asked the court if they could be allowed to compare the CCTV footage with the one in their possession.

"How would we know if the CCTV footage to be presented before the court is authentic if we don't view the original copy?" Damaso said. 

Dumayas then allowed the showing of the video clip on condition that both the defense and prosecution panels later compare it with the original footage which remains with the Rockwell Center security. Dumayas asked that Rockwell Center surrender the original CCTV footage when the hearing resumes next year.

The prosecution then proceeded to show only a portion of the video footage which shows Anikow being mauled by the accused. The 41-year old Anikow is also the husband of a US diplomat in Manila.

On Wednesday, Abastillas, 24;  Dela Paz, 28; Osric Cabrera, 27; and Galicano Datu III, a student of the De La Salle University,  all pleaded not guilty before Dumayas.

Last week, the lawyers of the accused asked the court to downgrade the charge filed against their clients from murder to homicide which is bailable, arguing that their clients could not have possibly used superior strength against Anikow, a trained soldier who had served in Afghanistan.

Makati Police earlier said Anikow, a resident of the Bel-Air Village, was being checked by security guards at the gate when the four suspects arrived aboard a gray Volvo sports utility vehicle (TOJ-886) around 3:55 a.m. on Nov. 24. Police said the suspects intended to enter the village as a “short cut” to Palm Village, where Cabrera lives.

Police said Abastillas, who was driving the SUV, rolled down his window and talked to the security guard when Anikow, reportedly interrupted them and said: “You need to present your ID, the guard is checking you.”

Police said Abastillas initially ignored Anikow but before the SUV could move away, Anikow allegedly strongly tapped the driver side portion and rear passenger side of the vehicle. This caused the suspects to alight and confront Anikow. Police said village security guards tried to mediate but the argument soon turned into a brawl.

During the brawl, Anikow ran away from the suspects who then chased him. When the four caught up with Anikow, police said they continued to beat him up until he fell to the ground. It was later learned that Anikow was also stabbed during the fight. Police later recovered a tactical knife inside the SUV.