Taliño accuses Boniel’s lawyers: Manipulating public minds

CEBU, Philippines - Police Regional Office (PRO) - 7 Director Noli Taliño has accused lawyers of Bohol Provincial Board Member Niño Rey Boniel of conditioning the minds of the public that Niño Rey’s wife, Gisela, who the official allegedly killed, is still alive.

“Kinokondisyon nila ang mind ng public portraying that Mayor Boniel is alive… wala namang ebidensya. Alam kasi nila ang simpatya ng mga tao ay nasa victim… sabi lang nila yun, part of their defense,” Taliño said.

In fact, Taliño said, Niño Rey allegedly admitted to committing the crime during an “informal talk.”

“Burden of proof is on their side at matibay evidence natin kahit di makita ang katawan. Umamin nga sa akin si BM Boniel during our informal talk,” Taliño said in a text message.

But Niño Rey’s lawyer, Gerardo Carillo, was quick to point out that his client was interrogated without a lawyer.

“If the police conduct investigation, inquiries without presence of a counsel, his statement, question, and answers are devoid of any merit,” Carillo said.

“That could be used for administrative and criminal purposes against the police officer, who conducted the investigation without the counsel. If Taliño admits that, he will be held legally liable,” he added.

Niño Rey’s lawyers claim they have evidence that Gisela is not dead, contrary to what Niño Rey is being accused of – shooting his wife dead and dumping her body into the sea.

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

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

Carillo said they will present evidence in court to this effect.

Meanwhile, Niño Rey’s camp is opposing the move of the police to place witnesses against Niño Rey under official government protection.

Carillo, said the witnesses, at least three of them, cannot be placed under witness protection because they were allegedly coerced to testify against the board member.

Likewise, Carillo said the police allegedly altered the statements of the witnesses to suit its case.

Carillo pointed out:

“The declaration or approval of a state witness will have to be approved by the court, not by the DOJ, not by the police. It will have to be the court. They have to present the evidence required for a state witness.”

He said the prosecution needs to prove in court that the witnesses it intends to place under the Witness Protection Program made their statements under oath and did not commit perjury.

The police’s witnesses are Niño Rey’s co-accused in the case – his cousin Riolito “Etad” Boniel, the one who reportedly maneuvered the pump boat to bring Gisela to sea; Randil Lupas, Niño Rey’s driver in Bohol who said he reportedly help carry Gisela’s unconscious body to the pump boat from the dive camp in Bohol where she was first taken to; and Edgar Tapere, Niño Rey’s driver in Cebu who said he fetched the official from Mactan Island a few hours after Niño Rey alleged killed his wife.

Carillo said testifying against Niño Rey is a mistake the witnesses are making, especially if the court will not grant the prosecution’s request to place them under protection.

“That is the danger. Pananglitan dili ma-approve nya ni-admitir na sila, nya ma-acquitted ang principal, for example, so luoy kay sila kay hanging sila,” Carillo said.

“But it is the burden of truth sa prosecution, the elements required for a state witness. Our job is just to conduct the cross-examination in court if they will satisfy the requirements as a state witness,” he added. (FREEMAN)