Defense to prove Gisela is alive

CEBU, Philippines – With supposed evidence on hand, lawyers of Bohol Board Member Niño Rey Boniel are bent on proving the official’s wife, Gisela, is still alive.

Niño Rey is facing parricide charges for allegedly shooting his wife dead and dumping her body into the sea off Mactan Island in Cebu.

In his counter-affidavit before the Lapu-Lapu City Prosecutor’s Office, Niño Rey attached an article of The Bohol Chronicle, which said that 18 hours after she was allegedly killed, Gisela was still able to send a text message to her friend.

The message reportedly reads, “Okay lan. We will just talk.”

Niño Rey’s lawyer, Gerardo Carillo, however, refused to share more details as they might violate the “sub judice” rule. The rule restricts parties from disclosing details of a case pending judicial proceedings.

“We will present that on trial. It is sub judice if we will discuss it and we believe, when the trial day comes, we will present necessary evidence,” Carillo told The FREEMAN.

He added, “The fact is, it is the prosecution who should present first their evidence, the guilt of the accused is beyond reasonable doubt. Failure of the prosecution to establish that, the state is duty bound to acquit the accused.”

Lane Pangilinan, the lawyer of Gisela’s best friend, Angela Leyson, who first made the alleged crime public, said the real battle is in court.

“Galingan na lang niya ang depensa niya sa korte where the battle is. His statements out of court have no bearing in his defense in court. Anyway he (Board Member Niño Rey Boniel) has a battery of lawyers to defend him. He will be given a day in court where he can prove all his defenses,” Pangilinan said in a text message.

Leyson told the police she was with Gisela when the two of them were allegedly kidnapped and brought to a dive camp in Bohol where they were held the night before Gisela was killed.

Gisela’s cousin, Jessie Bendong, who joined the search for the mayor at sea, does not believe the claim of the defense lawyers.

“Wa tay duha-duha nga di ta motuo. Lisod pud kaayo’g motuo ko ana nga wa pu’y kamatuoran. Nawala lang sa isa lang kapamilok, wa mahimutang iyang lawas sa sakto gyud nga lubnganan,” Bendong said.

Witness

Meanwhile, Carillo said the testimony of Niño Rey’s driver in Cebu, will not affect the defense.

Authorities say the testimony of Edgar Tapere is vital in prosecuting Niño Rey because it establishes that he was in Cebu, particularly in Mactan, shortly after he allegedly killed Gisela.

Tapere has said he fetched Niño Rey from Punta Engaño in Mactan around 6 a.m.

“Wala man… wala may value iyang statement… igo ra sya ni pick-up. Sa pag pick-up niya is around 6 a.m. to 5 a.m.,” Carillo said.

“From Bien Unido to Punta Engaño, that will be around five hours. Niingon sila, ang krimen nahitabo, alas dos-alas tres, how can the BM (board member) arrive on 5 a.m. at Punta Engaño? It will help the defense actually,” Carillo said.

‘Delay’

Meanwhile, Carillo questioned the alleged delay in the result of the DNA matching for the bloodstains recovered from the pump boat allegedly used to bring Gisela to sea.

“Hagbay ra man to. Wa man gihapon gipagawas katong mga bloodstains sa bangka. Katong sa habol nga naay blood stain… so basically, wa man kaayo’y physical evidence nga ikapakita ang kapulisan except sa testimonial evidence,” Carillo said.

Abella explained that DNA matching usually takes time, especially that only the crime laboratory of the Philippine National Police can do the same. —/JMO (FREEMAN)