‘Gov’t prosecutors in Leviste case overstepping authority’

The defense counsel of former Batangas governor Jose Antonio Leviste accused yesterday government prosecutors of overstepping their authority in the effort to reinvestigate the homicide case against the former local official.

According to Leviste’s defense lawyer Samuel Singson, government lawyers led by Senior State Prosecutor Emmanuel Velasco violated the privacy of Leviste by conducting illegal search and seizure in the office of the former governor at the 9th floor LPL Tower in Legaspi St., Legaspi Village, Makati City, where the killing took place.

Singson alleged Velasco, while conducting an ocular inspection, took away some items from the office without any authorization from the court.

"It is understood as a guarantee of procedural fairness, which prosecutor Velasco obviously violated when he proceeded with the ocular inspection at the said place without the consent and against the will of the owner... as well as the unlawful taking of some items," Singson said.

Singson claimed Velasco made an illegal reinvestigation of the case and the ocular inspection was conducted in abuse of authority.

He said Velasco continued last Wednesday the reinvestigation of the homicide charges against Leviste even without a copy of the order from the court allowing the reinvestigation of the case which he branded as "highly irregular."

Singson said Velasco went on to conduct the ocular inspection of the place against the will of the owner.

Singson claimed Leviste, who had admitted killing his aide Rafael de las Alas last Jan. 12, is no longer prosecuted, but being "persecuted" by Velasco.

The court denied Leviste’s motion for reconsideration of the order seeking a reinvestigation of the homicide case.

The court earlier ordered a reinvestigation after the victim’s daughter had asked the National Bureau of Investigation and the Department of Justice to look deeper into the evidence.

De las Alas’ family believes that Leviste’s former executive assistant was allegedly murdered based on the number and location of bullet wounds sustained.

Singson, for his part, questioned the legality of the preliminary investigation being conducted by Velasco.

Singson, who attended the first day of the preliminary investigation, figured in a heated debate with Velasco over the issue.

For his part, Velasco said that none of the fingerprints of De las Alas matched the prints recovered by the police from the crime scene.

"What is important here is that no fingerprint matched with the fingerprint of De las Alas. We are studying now because there is a testimony... that it was De las Alas who said that he does not want to have coffee (with Leviste) and he wants wine. Even before the shooting, Governor Leviste allegedly ordered the serving of wine so that they (Leviste and De las Alas) could talk, then the shooting occurred," he said.

Velasco said the chair, where De las Alas was found dead, has markings consistent from those of a handgun.

"That is an evidence, that is the death chair. We are already analyzing why the chair has markings. Did the chair get the markings after De las Alas was shot or while he tried to fire his gun?" Velasco asked.

He said the logbook is important to determine the people who had entered the building when De las Alas was killed.

Velasco also claimed Singson was lying and that he had already prejudged the reinvestigation of Leviste’s case.

Velasco said the ocular inspection proceedings are not illegal since the court had admitted the preliminary investigation is outside its jurisdiction.