Court junks Vitangcol’s plea to reconsider ruling allowing video testimony
THE Sandiganbayan denied the plea of former Metro Rail Transit Line 3 (MRT-3) General Manager Al Vitangcol 3rd to reconsider its ruling allowing a former Czech ambassador to the Philippines and an official of a company manufacturing railway equipment based in Czechoslovakia to testify in court via video conference on the graft cases filed against him.
Vitangcol, citing a 2012 Supreme Court decision, said in part that the ruling on July 3 for Ambassador Josef Rychtar and CEO Josef Husek of the Inekon Group to appear on video violated his right to confront the witnesses in person.
But in a nine-page resolution of the sixth division promulgated on August 15, the court said that the motion for reconsideration should be denied because it was filed beyond the five-day period within which such motion may be filed, adding that “[e]ven on the merits, his Motion should nonetheless be denied.”
“In fine, accused Vitangcol’s reliance on Go v. People is misplaced. This Court finds no reason to warrant the reversal of the assailed Resolution,” it said.
The court also said that it “already addressed the matter of the printouts of the subject email communications,” referring to printouts of email correspondences with Husek’s lawyer and Rychtar, which the prosecution had submitted.
Vitangcol and Wilson de Vera, incorporator of PH Trams, are out on bail. De Vera allegedly told the Inekon Group that it could secure the MRT-3 contract if it would give Vitangcol $30 million.
One case, docketed as SB-16-CRM-1207, stemmed from an alleged extortion try by de Vera on representatives of Inekon Group in connection with awarding the contract to supply Light Rail Vehicles (LRVs) in 2012 in exchange for payment of $30 million to Vitangcol.
The other case, docketed as SB-16-CRM-1208, stemmed from an alleged request for Inekon to forge a deal with another group for the train system’s maintenance service.
The prosecution earlier filed a Motion to Authorize the Presentation of Testimonial Evidence by Electronic Means, saying that Rychtar cannot attend the hearing because of his responsibilities as Czech ambassador to Chile while Husek cannot attend the same because of his health condition and business responsibilities. REINA TOLENTINO
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