Court allows ex-Czech envoy, head of maintenance firm in MRT-3 row to testify via video conference
THE Sandiganbayan has allowed a former Czech Ambassador and the chief executive officer (CEO) of the firm that was put in charge of maintaining the Metro Rail Transit Line 3 (MRT-3) to testify via real-time video conference against its former general manager who is facing graft charges.
In a six-page resolution promulgated on July 3, the court’s Sixth Division granted the prosecution’s motion for partial reconsideration. Then Czech ambassador to the Philippines Josef Rychtar and then Inekon Group CEO Josef Husek will testify on August 31 at 8:30 a.m. and on September 7 at 1:30 p.m. respectively against Al Vitangcol 3rd and Wilson de Vera, a businessman and co-accused.
“The prosecution has shown the necessity of allowing Ambassador Rychtar and Mr. Husek to testify via video conferencing. The printouts of the email correspondences support the prosecution’s assertions in its Motion to Authorize the Presentation of Testimonial Evidence by Electronic Means. Thus, this Court will allow said witnesses to testify by means of video conferencing,” the court said.
The court was referring to printouts of email correspondences between Husek’s lawyer and Rychtar, which the prosecution had submitted and which, according to the resolution, “essentially explained the reason for the inability of said witnesses to travel to the Philippines to testify in the present cases.”
The prosecution filed a Motion to Authorize the Presentation of Testimonial Evidence by Electronic Means, saying that Rychtar could not attend the hearing because of his responsibilities as Czech ambassador to Chile while Husek cited his health condition and business responsibilities.
In a resolution promulgated on April 24, the court denied the motion for lack of merit and maintained the settings to let the prosecution present its witnesses in person. According to the court, the prosecution did not present correspondence showing that it tried but failed to make arrangements with the two in order to attend the hearing in the Philippines.
This prompted the prosecution to file a motion for partial reconsideration and the court, in granting this motion, provided several terms and conditions.
Among these terms and conditions was that Husek must testify at the Philippine Embassy in Prague, the Czech Republic while Rychtar must testify at the Philippine Embassy in Santiago, Chile in “well-lit” rooms.
“The prosecution shall provide for, and shall bear the costs of the video conferencing facilities and/or the necessary equipment, as well as other costs in connection therewith, including, but not limited to the installation and operation of such facilities and/or equipment,” the court also said.
“This Court shall 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,” it added.
The court said the hearing dates would be maintained for the presentation of the witnesses in person if the prosecution would be unable to comply with the conditions.
Vitangcol and de Vera, who are out on bail, were charged with violation of Section 3(b) of the Anti-Graft and Corrupt Practices Act in two charge sheets filed by the Office of the Ombudsman in November 2016.
One case—docketed as SB-16-CRM-1207—stemmed from an alleged extortion try on representatives of Inekon Group in connection with the contract or transaction for the supply of Light Rail Vehicles (LRVs) in 2012, while the other—docketed as SB-16-CRM-1208—stemmed from an alleged request for the Inekon representatives to forge a joint venture deal with a group in connection with the contract or transaction for the train system’s maintenance service.
The Office of the Ombudsman conducted a fact-finding investigation, which was prompted by news reports on the alleged extortion try.
The Manila Times’ Chairman Emeritus Dante Ang was the first to report about the meetings held between Inekon officials and Vitangcol, who left the office in 2014.
In 2016, Vitangcol dismissed the charges as “baseless.” REINA TOLENTINO
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