July 14, 2020
Ma’am yhama,
Let me make a brief report.
But before that let me state that we are not allowed to identify the names of witnesses nor discuss the merits of the case.
Having said that, let me give a factual narration. The
Prosecution presented witness A on direct examination from 9.30am until about 2pm.
During out turn to cross examine witness A, we obtained this powerful admission from her - that she was presently OUTSIDE the country. This shocking answer from witness A prompted us to immediately ( and angrily) move to strike out and scratch her entire 4 hour direct testimony for violating Rule 23 sec 11 of the Rules. We argued that in criminal cases, a witness outside of the county is not allowed to testify as it will violate the right of the accused to confront a witness. Moreover, a witness in a foreign country is outside the coercive power and jurisdiction of the trial court and is prone to telling a lie. This is not allowed in a normal criminal case trial.
In short, we asked the court to invalidate everything that witness A said on direct examination. The prosecution opposed. And a heated argument took place. The court directed the defense to submit a written motion in 5 days. And the prosecution to comment in writing in 5 days. Thereafter the court will resolve the issue. Should the court grant our motion, the entire 4 hour testimony of witness A shall be deemed invalid.
We lambasted the prosecution for not being candid and honest in disclosing the fact that their witness is outside of the country. And tempers rose for both sides. We will not give away this issue.
In any event, the court directed the prosecution to be ready with their next witness at the next hearing. And should
the court deny our motion to strike out the testimony of witness A, then we will cross examine her. And we are ready.
Francis watched as the court battle unfolded. I pity him. First we had masked witnesses now we have a witness abroad. But we will not allow the rights of Francis to be compromised . Let us have a court battle by all means but let it be a fair battle.
The fight continues.
Please pray for Francis.
Justice for Francis.
Source: Viral Issue PH
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