Coercing witnesses in Yanson case

By Modesto P. Sa-onoy

 

The best proof of guilt is the coercion of witnesses to tell a lie in one’s favor. Nobody forces a witness to testify against himself with a lie when he stands on the truth.

I was reminded of this ancient verity when an informant from the Vallacar Transit Inc. alleged that the VTI presumptive president Leo Rey Yanson is coercing witnesses in the case filed by Nixon Banibane against the four Yanson siblings known as Y4 and several others, for carnapping.

The witnesses are reportedly being “forced” to change their testimonies in favor of Banibane’s charge.

Before I start digressing this information, I invite Leo Rey, Banibane or anyone speaking in Leo Rey’s behalf to deny the allegation or clarify in order that we can give him a chance to disprove the claim of the inside informant. Without his denial, we can assume that the information about the coercion of the drivers to recant is true.

I have touched this case sometime back but just to refresh our readers’ memory, the case involves the alleged carnapping. Banibane filed a case in behalf of VTI claiming that on August 7 last year, the four Yanson siblings – Roy, Celina, Emily and Ricardo Jr. – instructed the drivers and conductors of 55 Ceres Liner buses to park at the compound of Dynamics Builders owned by one of the four rather than in the VTI compound or terminal. Thus the charge claimed that the Yanson 4, the drivers and conductors stole the buses.

This criminal case was dismissed by the Department of Justice because Banibane failed to show proof that the Yanson 4 or any one of them instructed the drivers to bring the buses to the Dynamics compound and keep them away as thieves would do to hide the loot.

Crucial in the decision of the DOJ was the explanation of the drivers and conductors in their affidavits that they decided to park their buses at the Dynamics compound because they could not park them where they should be – at the company area in Mansilingan or the company terminal in Lopez-Jaena.

They said that when they arrived in Bacolod and just about the BAC-UP station area in Taculing, they saw that other Ceres Liner buses were moving towards the Dynamics compound and they just followed. If they stole the cars, it would be the first on the planet where the stolen vehicles under the clear sky would move their loot in a procession to attract public attention.

We must recall that at this time there were commotions and even forcible entry by the police of the VTI compound and I can understand the mindset of the drivers at that point in time. They probably thought that the buses were directed to be parked elsewhere considering the chaotic situation in the terminal and in the VTI compound.

At the Dynamics compound which was free of the police rampage, the buses would be safe, if not their own skins. I wonder whether there was a reported theft of 55 large buses.

What the drivers did was a natural thing to do for people who have not committed a crime.

The Dynamics compound belongs to one of the Yanson 4 who was at that time as now, the rightfully elected officers of the corporation and at the same time managing the company. What better and safer place than there?

Furthermore, common sense could have told the drivers that going to the Mansilingan and Lopez Jaena compound with all the reported violence – courtesy of the Bacolod police – would be foolish and risky to life and limb.

Surely the drivers and conductors did not consider the Dynamics compound an alien to the company considering its ownership. How can a thief bring the goods into the house of one of the owners? Where could they safely park the buses when the Bacolod police were involved in the incidents and whose loyalty was suspect? Did not the police take over the compound?

Their other option was to simply leave the buses in the street and walk away in which case they would be liable.

Of course, Banibane is an employee and so filed the case as ordered even if he looked funny.

So, where’s the coercion? Continued tomorrow.