Prosecution will present rebuttal witness today

The prosecution in the murder case against SPO1 Marcial Ocampo is expected to present today two rebuttal witnesses - a gunsmith and a "star witness" - to counter the testimonies of the witnesses of the defense.

Private prosecutor Fritz V. Quiñanola, however, requested The Freeman not to reveal the identities of the rebuttal witnesses until after they are presented in court this afternoon for fear that they might be harassed by the other party.

Ocampo, who is presently detained at the Talisay City jail, was tagged as the man who shot Bantay Dagat project director Elpidio "Jojo" dela Victoria near his house in San Roque, Talisay City on April 12.

Defense counsel Vicente Fernandez II learned that the prosecution is planning to present a gunsmith from Danao City in today's hearing, but described such move as "irrelevant" to the case.

When Ocampo was cross-examined by Quiñanola last week, he testified that he was alone when he went to Danao City on the morning of April 12 to have the steel nails of the image of the crucified Jesus Christ or Santo Entiero nickel plated.

But Quiñanola said one of their witnesses would prove that Ocampo lied in court because he was not alone when he went to Danao City. An unidentified man reportedly accompanied him to Danao City to have a .45 caliber pistol repaired by a gunsmith.

The prosecution said that a statement that Ocampo went to Danao City to have a nickel-plated or "shiny" handgun fixed would be of great help to them since one of the prosecution witnesses who testified before the court said the gunman used a .45 caliber pistol that is "sinaw" or shiny.

The other rebuttal witness would also counter the testimony of Ocampo that between 3 p.m. to 3:45 p.m. of April 12, he was at a barbershop along Tres de Abril for a haircut, as what was also claimed by defense witness Andrade Comision.

Quiñanola said their witness would prove that Ocampo was not at the barbershop on the afternoon of April 12 for a haircut, and that the haircut was done two days earlier - on April 10. The rebuttal witness reportedly has proof to support her testimony.

Meanwhile, Ocampo's lawyers had already asked Regional Trial Court judge Ireneo Lee Gako Jr. to accept all their evidences to prove the innocence of their client, but Quiñanola opposed it.

The defense claimed that photographs showed that it would be impossible for prosecution witness Joselito Gerali to see the gunman shoot Dela Victoria from inside his store because of a protruding structure on the right side of the store.

But Quiñanola said Gerali already clarified that when he heard the gunfire, he quickly stood up and went out of the store and he clearly witnessed the gunman shoot Dela Victoria and fled.

The defense also said that Ocampo could not be the gunman because Gerali said the suspect's height was about 5 feet and four inches, and Ocampo only stands 5 feet and 2 inches.

Judge Gako is still studying the arguments of both parties and is expected to issue an order about it within the week. - Rene U. Borromeo