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DPM Gapi Vs PUP’s Monchie: Case Closed
posted (September 18, 2015)
Political rivals Gaspar Vega and Monchie Cervantes were back in the Supreme Court today, duking it out over a slander lawsuit that Vega brought against Cervantez and the Briceno Family-owned Company, Fiesta FM.

As you're well aware, Deputy Prime Minister maintains that Cervantes slandered him by publicly broadcasting a telephone conversation in which one of the speakers accused Vega of setting up the murder of Cervantes' father.

Cervantez had to take the witness stand today where he endured over 3 hours of intense questioning from Vega's attorney, Rodwell Williams. While under oath, Cervantes was careful when he explained how and why broadcast of the telephone conversation with alleged murder mastermind Manuel Castillo happened. Under cross-examination Cervantes says that he was not the one who authorized or planned for the conversation to be played on national radio and before a crowd of hundreds.

He said that it was his other family members - who are not being sued - who made the decision and excluded him. He said they did it because they did not want to traumatize him into reliving the memory of his father's broken and decomposed body. When asked if he participated in the event where recording was released, he says that while he was at the head table, he did not organize the event. Rodwell Williams kept pressing Cervantez on the credibility of his story, but he stuck steadfastly to his position.

So, that took up most of the day, but once again, the actual recording of the allegations was not played for the court. So, the Chief Justice has yet to hear the content of the recording for himself. But, as we told you, it's complicated because the conversation is in Spanish, and the language of the court is in English. There is no translation that has been accepted into evidence, and the submission of evidence has already concluded. So that means that it will not happen at all in this case. Outside of court, we asked both sides about the implications of that rather significant omission. Here's what they had to say:

Eamon Courtenay, SC - Attorney for Fiesta FM
"In order to prove a libel, you have to prove the document - for example: a book or a letter or some writing or in the case of television or radio, some actual recording. You will recall that on the last occasion that I spoke to you, I said that they had tendered into evidence a recording from Love FM. Mr. Williams said that today, he would come and attempt to get in a recording from Fiesta. Well he closed his case and he has not put in any recording from Fiesta. So as I stand here today, there is no recording that they rely on; there is no evidence that our clients have published it. Some of the witnesses said that they have heard that Fiesta had started to broadcast and said then said exactly what we have maintained from the beginning, the quality was poor, they couldn't understand and they changed to the other station. In those circumstances, it is our view that it is unlikely that the Chief Justice is going to give a judgment in their favor. But as you know with these things, we have to make our submissions to the judge and he has to consider all the evidence and make a decision."

Said Musa, SC - Attorney for the Cervantes Family
"I feel very confident about vindicating my client. As far as I am concerned at the end of the case there has been no proof of any publication and that is fundamental to the case. How can you claim libel or slander when there has been no proof of any publication whatsoever. There is no primary evidence of any tape. No tape has been admitted in evidence. So, to me that's the end of the matter. But of course we have to argue the matter."

Daniel Ortiz
"The case has gone passed the evident taking stage and we have still not seen the recoding that your client says disparage his reputation. Is that a crippling blow for you case?"

Rodwell Williams, SC - Attorney for Gaspar Vega
"Well obviously not in that the case is still going on and in fact we were able to put appropriate questions to Mr. Ramon who testified today. Put in not only what he said he heard in the conversation, but what our client Gaspar Vega also heard on the air and also what his two witnesses; Bobadilla and Castillo heard. Remember now, the case is a case of slander, which is spoken words and libel, which is publication by way of the airwaves. And the words that were spoken is what we are after; not necessarily the primary place where they were first spoken."

So, what about that assertion that Cervantez was not involved in the decision to share recorded telephone conversation with the public? We challenged his attorney on that position, and here's how that conversation went:

Reporter
"It seems from what you said on the witness stand that he was not central to the decision to pursue the broadcast/event at the farm as the other side seems to be suggesting."

Said Musa, SC - Attorney for the Cervantes Family
"It's important because he is the one that has been brought to court and what he is being saying all along it's a decision of his family, not himself to have this memorial service."

Daniel Ortiz
"What if there are those of us that say that that is somewhat ridiculous because Mr. Cervantes is a public figure, he is a great decision maker in his family…so it is somewhat a ludicrous assertion to say he had no involvement with the decision to broadcast or to air that to the public?"

Said Musa, SC - Attorney for the Cervantes Family
"Well of course if you want to argue that position then you should have represented Mr. Vega in the case, but that too is ridiculous because you see what the Vega attorney is trying to argue is that my client, Mr. Cervantes, had some motive to want to harm Mr. Vega because they are political opponents. That is ridiculous. As he himself clearly pointed out, if that was his motive, he would have made much more of this tape."

Daniel Ortiz
"There is continued support from persons in the public coming out to see you witness how this case is going. It seems there are here for your support. What do you make of that? Is it something that you are grateful for?"

Hon. Gaspar Vega, Suing Ramon Cervantes Jr.
"Very grateful for people to take their precious time to just to come and show the support a whole day away from their house. They have to catch bus and stuff like that. I am forever going to be grateful."

Daniel Ortiz
"Sir, there is this perception that someone from your party is paying for them, either compensating them for their time or getting them here paying the expense for them to be here. Is that accurate? is that a fair question?"

Hon. Gaspar Vega, Suing Ramon Cervantes Jr.
"If I say no, will that make a difference?"

This evening, Cervantes made his case to us again via telephone, in which he asserts that his family excluded him from that decision to air this telephone call. He says, that what he finds "ludicrous" is the suggestion that his family doesn't make decisions on their own, and without his involvement.

The case continues on October 16, where the attorneys will make submissions as to whether the case of slander and libel has been proven or not.

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