Damalerio killing: Ex-cop refuses to take witness stand

CEBU CITY — The defense lawyers of a former policeman accused of killing Pagadian City journalist Edgar Damalerio rested their case the other day without presenting the accused as a witness.

"Dili man kinahanglan. Pwede na siya dili mo-testify (There’s no need at all. It is not necessary that he testify)," said defense counsel Honorato Hermosisima Jr. referring to his client, Guillermo Wapille, who refused to be presented as a defense witness.

Hermosisima said they respect his client’s refusal since it is his right.

The Supreme Court transferred Wapille’s trial for the murder of Damalerio on May 13, 2002 here after witnesses, including Damalerio’s wife, Gemma, and his friend Edgar Ongue, reported of threats to their lives.

The Supreme Court ordered a marathon hearing of the case since most witnesses had to come here from Pagadian City.

The trial began early June after the second information was made valid. The first one was quashed since the wrong people had signed it.

After Wapille pleaded not guilty, the trial was set.

Among other witnesses, the prosecution presented Ongue, who testified that he was with Damalerio when the broadcaster was gunned down.

Ongue pinpointed Wapille as the gunman. He said he was with another witness, Edgar Amoro, who, however, was himself later slain.

Last July, the defense had its turn to prove the innocence of Wapille. One of its witnesses, Bernardo Regis, claimed that he saw who shot Damalerio as he was just four meters away from the crime scene.

Although he was not certain, he said it was Ronnie Kilme whom he saw shoot Damalerio on the night of May 13.

Without presenting Wapille to defend himself, the defense presented additional exhibits, signaling that it had no more witnesses to present.

Hermosisima presented to the court a copy of the transcript of the preliminary investigation conducted by the Pagadian City prosecutor’s office.

However, prosecutors Fernando Gubalane and Nicolas Sellon refused, as yet, to admit it as evidence since they need time to verify its authenticity.

"We admit that the photocopy is the reproduction of the alleged original," Sellon said.

As agreed upon, Judge Ramon Codilla gave the defense panel five days to submit its formal offering and the prosecutors five days thereafter to comment.

After their respective filings, both parties will then be given 15 days to file their respective memoranda, after which they shall wait for the court’s resolution. — Freeman News Service