There will be no live-link television for minors who are set to testify against Bella Ruby Santos and British national Ian Charles Griffiths.
In his order, Regional Trial Court Judge Ester Veloso of Branch 6 denied the request of prosecution lawyers to allow the use of live-link television to separate the minors from the accused and the lawyers during trial.
The judge said the prosecution failed to prove that the child witnesses will be traumatized during the trial.
“The prosecution merely stated that the children may be traumatized or become fearful if subjected to intense questioning. This has not been substantiated by any credible evidence but appears to be speculative in nature,” Veloso said.
Also, the judge said she doesn’t want to disturb the schedule of another court, which is equipped with live-link television facilities.
“There must be an urgent necessity for the use of live-link television before this court could request for its use from the other court,” she said.
In the Philippines, there are only three courts that have live-link televisions and cameras – Makati City, Cebu City, and Davao.
In Cebu City, Regional Trial Court (RTC) Branch 22 has the facility that was donated by the United Nations Children’s Fund (formerly United Nations International Children’s Emergency Fund).
Prosecution lawyers claimed that the child witnesses may be subjected to trauma and fear during intense questioning by the counsels of the accused.
Had the live-link trial been approved by the court, the two minors would testify inside the court chamber while the judge, lawyers, accused, and spectators stay inside the courtroom.
Defense lawyer Rameses Villagonzalo said he is happy that they will be able to cross-examine the child witnesses face-to-face.
He said it would allow defense lawyers to see the gestures of the minor who might get coached by the prosecution.
Veloso said she will not allow the witnesses to be harassed by any counsel.
The judge, in the same ruling, also gave “due course” to Santos’ application for bail.
She ordered the prosecution to present evidence that the accused is guilty of the charges.
Although Santos is charged with a heinous crime, the 1987 Constitution states that “an accused has the right to bail unless he or she is charged with a capital offense where evidence of guilt is strong.”
Santos and Griffiths are facing charges of kidnapping with homicide in relation to the death of 6-year-old Ellah Joy Pique.
Ellah was abducted outside the Calaojan Elementary School in Minglanilla town last Feb. 8.
Her body was found dead off a ravine in Barili town, south Cebu the following day.
Santos was arrested last Oct. 7 while Griffiths remains at large.