Lauro Vizconde, I am very much sure, could hardly get to sleep these days. In one live TV interview, the Vizconde patriarch, who lost his wife and two daughters nearly 20 years ago, admitted he was worried that the suspects in the killing of his loved ones would be acquitted by the Supreme Court soon. His fears were bolstered by the release of ex-cop Gerardo Biong, who was sentenced to 12 years in prison for being an accessory to the gruesome Vizconde massacre.
The camp of principal suspect Hubert Webb, son of former actor turned senator Freddie Webb, was hopeful that the high tribunal would exonerate him, due mainly to the failure of the National Bureau of Investigation (NBI) to produce the DNA (deoxyribonucleic acid) samples and vaginal swabs taken from one of the victims. The NBI said the samples were submitted to the Paranaque City court which tried the controversial case. But court officials claimed that what the NBI submitted during the trial were photos of the samples.
Somebody here is definitely lying.
Now, the failure to produce this vital evidence has led many in the legal arena to believe that Webb and his other co-accused could indeed be acquitted by the SC. The main point is that a criminal offense should be proven to have been committed by an offender “beyond reasonable doubt.” The absence of an evidence as vital as a DNA sample may be enough to cast the slightest of doubt as in the case against Webb, et. al.
I am not a lawyer but it doesn’t take to be one of the brightest legal minds to understand the implications of Webb et al’s possible acquittal. I do not intend to jump the gun on the SC, so to speak, and be held in contempt but in the interest of objectivity and freedom to express an opinion, I would attempt to present the pros and cons of an expected, or should we say feared, acquittal. All from a layman’s point of view.
I guess it would be easier for all to accept an affirmation by the SC of an inferior court’s decision. Emotion wise, we all tend to sympathize with Mr. Vizconde. If the SC affirms the guilty verdict on the suspects, most of us are inclined to believe and embrace it as Bible truth. A victory won for all fathers like Mr. Vizconde.
But what if the high tribunal reverses the guilty verdict and orders an acquittal? How prepared are we to accept the suspects in the mainstream of society? And what could that entail, especially in relation to our justice system?
I believe in the wisdom of our magistrates and by now I am sure that they are already carefully reviewing each and every line and each and every detail of the case. Whatever their decision will be, I was told, would be deemed final and appealable. Although I still hope not, for the benefit of both camps.
I, like Mr. Vizconde, am so worried over the possibility of the suspects being acquitted because if the failure of the NBI to present the DNA samples would be used as basis for exoneration, then this new jurisprudence could be used by other convicted rape and murder suspects to have the verdicts on them reversed and be acquitted.
It’s a dangerous ground they’re treading. During those times when DNA was virtually unheard of, many had been proven guilty of rape and murder “beyond reasonable doubt.” Will the Vizconde massacre case open the door for the acquittal of these convicts too?
That we will soon find out.
Wednesday, December 8, 2010
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