MANILA, Philippines — The Sandiganbayan has allowed former Czech ambassador Josef Rychtar to testify through video conferencing in the graft trial of former Metro Rail Transit 3 (MRT-3) general manager Al Vitangcol III.
In a six-page resolution dated July 3, the anti-graft court’s Sixth Division reversed its April 24 decision denying the prosecution’s motion to present Rychtar and Inekon Group board chairman and chief executive officer Jose Husek as witnesses.
Sandiganbayan magistrates allowed Rychtar and Husek to testify on the alleged $30-million shakedown on Czech company Inekon Group in 2012.
The court said the prosecution was able to substantiate its claim that Rychtar and Husek could not travel to the Philippines to personally testify on the graft cases against Vitangcol and his co-accused Wilson de Vera, one of the directors of maintenance provider PH Trams.
The Sixth Division reversed its ruling after receiving printouts of eletronic correspondence between the witnesses and prosecutors handling the case.
“The prosecution has shown the necessity of allowing Ambassador Rychtar and Husek to testify through video conferencing. The printouts of the e-mail correspondence support the prosecution’s assertions in its motion,” the resolution penned by division chairman Associate Justice Sarah Jane Fernandez read.
Associate Justices Karl Miranda and Zaldy Trespeses concurred with the ruling.
In its new ruling, the court set Rychtar and Husek’s online testimonies on Aug. 31 and Sept. 7, respectively, in Philippine embassies in their respective locations.
Rychtar will present his testimony at the Philippine embassy in Santiago, Chile while Husek will testify at the Philippine embassy in Prague, Czech Republic.
The court ordered the prosecution to shoulder the cost for the video conferencing. At least three cameras must be installed in order for the court and all parties to clearly see and understand the persons who are speaking as well as to view and examine the relevant documents.
The court also reminded the prosecution that the internet connection must be suitable for video conferencing “without disconnection, lags or other interruptions.”
“This court will discontinue the video conferencing if it appears that technical issues, if any, will cause the violation or tend to cause the violation of the rights of the accused,” the Sandiganbayan said.
Vitangcol and De Vera are on trial for graft.
Filed by the ombudsman in 2016, the cases stemmed from Vitangcol and De Vera’s alleged attempt to extort from Inekon Group around $30 million, which was reduced to $2.5 million, in exchange for awarding to the company the contract for the supply of coaches as part of the P3.8-billion MRT-3 expansion project during the previous administration.
The respondents allegedly insisted that officials of Inekon enter into a joint venture agreement with De Vera’s group under a 60-40 percentage sharing in exchange for awarding to the company the contract for the maintenance of MRT-3.
The shakedown, which allegedly happened from July 9 to 10, 2012 was exposed by Rychtar. The incident supposedly took place in Rychtar’s house in Forbes Park in Makati City.
The contract for the supply of coaches was eventually awarded to CNR Dalian Locomotive and Rolling Stock Co. of China while the maintenance contract was awarded to PH Trams after officials of Inekon supposedly refused to pay the amount allegedly being extorted by Vitangcol and De Vera.
Vitangcol, De Vera and four other officials of PH Trams are also facing graft charges before the Third Division of the Sandiganbayan over the alleged anomalous awarding of the MRT-3 maintenance deal to PH Trams and its joint venture Comm Builders and Technology Philippines Corp.