OMBUDSMAN prosecutors have potentially lost the testimony of two key witnesses in the case against former Metro Rail Transit Line 3 general manager Al Vitangcol III over his alleged attempt to extort $30 million in exchange for the supply of train coaches from Czech firm Inekon.
In an eight-page resolution promulgated on Tuesday, the Sandiganbayan Sixth Division denied the motion of the prosecution to allow former Czech Ambassador to the Philippines and current Ambassador to Chile Josef Rychtar and Inekon board chairman Josef Husek to testify via real time video conferencing.
Vitangcol was charged with two counts of violation of Section 3(b) of the Anti-Graft and Corrupt Practices Act after he allegedly tried to extort money from Inekon for the supply of additional light rail vehicles and maintenance of the MRT 3 under its P3.7-billion expansion project in 2012.
Aside from the alleged extortion attempt, Vitangcol was also accused of pressuring the Inekon representatives into entering into a joint venture agreement with his supposed “envoy” Wilson De Vera for the contract.
The Sandiganbayan said the motion was junked for “lack of merit” after the prosecution failed to establish the necessity of employing such means.
The prosecution said it had “exhausted all reasonable efforts to compel the attendance” of Rychar, whom the Czech Republic prohibited from returning to the Philippines due to a lack of any mutual legal assistance treaty, and Husek, who cited his health condition and business responsibilities in his home country.
It assured the Sandiganbayan prosecutors would conduct the video conference within the compound of the Philippine Embassy in Chile and in the Czech Republic, respectively, where they could be allowed to be cross-examined.
Vitangcol opposed the motion, saying it would prejudice his case since the Sandiganbayan and his legal counsel would have no chance to observe the actual atmosphere of the embassy.
Vitangcol said there was also no way for him to verify if either Rychtar or Husek were being coached by the people around him.
The Sandiganbayan ruled that both Rychtar and Husek must testify and be examined in open court as mandated by Section 1, Rule 132 of the Rules of Court.
The Sandiganbayan also rebuked the prosecution when it raised Section 1, Rule 10 of the Rules on Electronic Evidence, saying this provision did not cover criminal cases but only civil and administrative matters.
Nonetheless, the anti-graft court said the provision was “broad enough” for it to allow the testimonies of Rychtar and Husek through video conferencing if only the prosecution successfully raised its necessity.
The Sandiganbayan said the e-mails which supposedly stated the prosecution’s failure to arrange the return of the two Czech nationals to the Philippines were not presented in court.