MANILA, Philippines - Foreign jurisprudence dictates an acquittal of a suspect in case “exculpatory” evidence is lost, which could mean a big boost to Hubert Webb’s case.
Lawyer Demi Custodio, counsel for the main suspect in the Vizconde massacre case, is posing a new question that will keep the Supreme Court’s hands full.
In an interview with ANC, the lawyer said he and his team are banking heavily on American jurisprudence that “decreed the acquittal [of a suspect] whenever there is a loss of exculpatory evidence.” There is a lack of local jurisprudence on the matter, he explained.
“That is the essence of our [urgent motion for acquittal] filed today. Since the State lost [the specimen], it will amount to deprivation of due process, which can lead to an acquittal,” he said.
The high court on Wednesday set aside an earlier resolution granting the request of Webb for a DNA test of the semen specimen taken from the cadaver of Carmela Vizconde.
The high court said “it is evident that the [National Bureau of Investigation] could no longer produce the specimen/vaginal smears.”
Thus, it will now rely on available pieces of evidence and lawyer arguments for the resolution of the case.
Custodio said the issue of whether or not the NBI bungled the investigation, leading to the “lost” specimen, is no longer the issue.
“Whatever caused the loss…is already inconsequential…What is important is what could have been the result if that evidence was not lost,” he said.
The DNA could have proved or disproved rape.
Nonetheless, the resolution of the high court yesterday is still good news to the defense, he said.
“The SC will [also] now stop receiving further evidence…this will lead to the introduction of our [urgent motion regarding loss of exculpatory evidence],” he said.
He admitted his team was supposed to file contempt charges against NBI until the SC resolution caught them by surprise.
Whether or not the Webbs will file a case against NBI will remain a question until after the resolution of the main case.
“We’ll cross the bridge when we get there,” Custodio said.
He is hopeful that the high court will decide soon. He said, however, that the release of the decision will depend on the availability of the records.
“The [records] are voluminous and [they] may take some time, but we hope it should not take long,” he added.
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