February 23, 2016
MANILA, Philippines – The prosecution panel in the murder case of international race car driver Ferdinand “Enzo” Pastor has asked a Quezon City court to junk the appeal of accused PO2 Edgar Angel to bar the presentation of his interview with veteran broadcaster Noli De Castro in court.
In a five-page comment/opposition, the prosecutors said Angel’s motion should be denied for lack of merit.
They noted that there is no valid ground to object to the said evidence, which is the raw footage and copy of the accused’s interview with De Castro that was aired in “Kabayan Special Patrol” segment of ABS-CBN’s TV Patrol last September 4.
The prosecutors earlier said the interview could help corroborate the notary public’s testimony that Angel executed his affidavit voluntarily.
It could be recalled that last December 29 Angel asked the court to junk its December 4 order, giving ABS-CBN ample time to locate and prepare the footage.
The accused said the court should not allow the presentation and replay of the video interview in court since it is more prejudicial than it is probative.
He alleged that the interview was purportedly without the proper context, inaccurate, untruthful, and biased.
He also said he never agreed to such interview and only did it under duress and out of fear for his life as he could not defy his police captors.
If the court allows the presentation of the involve footage, he said it seems like the court is taking side with the complainant.
In its comment, the prosecutors said opposing the presentation of the accused’s interview simply because it is not favorable to him “is preposterous.”
“And precisely. Any evidence to be presented by the prosecution would naturally be unfavorable to the accused,” they added.
The prosecution panel said since the video of the interview has not even been authenticated and presented, “much less formally offered, this is not the proper juncture to make any objections.”
The prosecutors said “the object evidence must be authenticated, thus a witness must testify and identify the evidence to be the actual thing involved in the litigation.”
“Here, however, the accused is assailing the presentation of the video of his interview and any witness who may authenticate the same or testify based on personal knowledge of the interview, simply on the ground that the presentation of such interview, would be unfavorable to him,” they noted.
“This is not a valid ground to object to evidence,” they added.
Angel is allegedly the gunman who killed Pastor on June 12, 2014 in Quezon City.
He initially tagged businessman Domingo “Sandy” De Guzman III and Pastor’s widow, Dalia Guerrero-Pastor as those who masterminded the crime.
The two were allegedly lovers.
In his extrajudicial confession, Angel said De Guzman hired him to kill Pastor for a consideration of P100,000 because the latter was physically abusing Dalia.
But he later recanted his testimony, saying it was the police themselves who arrested and detained him at Camp Karingal in Quezon City on August 2014 that prepared it.
He added that the policemen threatened to implicate him in other unsolved crimes in the metropolis if he would not admit to Pastor’s murder.
De Guzman was also indicted for murder, while Dalia, who has yet to surface, was charged with parricide for the crime.