Live-link TV during trial of Pique case sought

CEBU, Philippines - To protect the witnesses from “hostile court environment,” public prosecutors are asking the court to allow the minor witnesses in the case against Bella Ruby Santos and Ian Charles Griffiths to testify off the courtroom during the trial of the case.

Santos and Griffiths are facing kidnapping and homicide charges for the death of six-year-old Ellah Joy Pique.

Prosecutors Petronio Elesterio, Annabelle Robles and Jerome Abarca said the witnesses, ages nine and 12, will be less intimidated if they will be made to stay inside the judge’s chamber and give their testimony using a live-link television.

The equipment is available at Branch 22 of the Regional Trial Court.

“Since these witnesses will be testifying in court for the first time the exposure to court procedure, with all its formalities, as well as the publicity that the instant case has garnered, it is expected that they would cover in fear. This could prevent them from effectively expressing themselves which may lead to distortion of the truth,” motion reads.

“Given their age and level of development there is that likelihood that they can be subjected to trauma and fear during intense questioning from either counsel,” the motion reads further.

Prosecutors cited Section 25 of the Rules on Examination of child witnesses as basis for their request.

Ramil Alen, operator of the live-link television and staff member of RTC Branch 22, said the live-link television was used previously to protect the identity of the minor witnesses.

What happens, he said, is that the minor witnesses will stay at the chamber accompanied by the interpreter, social worker and guardian during testimony. However, the guardian will be positioned at a specific distance from the minor to avoid coaching.

Those in the courtroom can watch or listen to the testimony of the witness through a television monitor.

“There was a standby camera inside the chamber where the judge and counsels can view through the television facing them. And if the counsels has questioned to the witnesses, the witnesses may answer as she/he can hear the question through the speaker placed outside the chamber,” Alen said.

There are three cameras for the live-link television – one inside the chamber and two others inside the courtroom. There are two monitors inside the courtroom.

Meanwhile, the public prosecutors also filed their opposition to the motion of defense lawyers to allow Santos and Griffiths to post bail and to hold a marathon hearing of the case.

“Contrary to the argument of the same accused, the People have strong evidence to prove her culpability as well as co-accused Griffiths,” the prosecutors’ comment reads.

They said that contrary to the argument of the defense lawyers that their case is weak, they have “credible and unbiased witnesses” to prove the positive identification of the accused who abducted Pique.

 The prosecution however, admitted that no one saw the actual killing and that the police seized the wrong vehicles but these reportedly cannot affect the evidence on hard.

“Moreover, even if there was a previous dismissal of a complaint pertaining to the abduction of the same victim, such fact would not affect the credibility of the evidence gathered by the police against the herein, accused,” the prosecution said.

The prosecutors added that even if the DNA test will yield negative results, the same would not prove that no abduction happened. - THE FREEMAN