THE 15-year-old girl, who was allegedly raped four years ago, appeared before the court Tuesday, September 28, to testify against the accused American national Michael John Collins.
Collins legal counsel Alejandro Jose Pallugna, however, was not present, which prompted Judge Jose Escobido of Regional Trial Court Branch 37 to move the court hearing.
Regional state Prosecutor Jaime Umpa said the defense may be delaying the case proceedings.
"Wala siyang abogado kasi they didn't expect na mayroon kaming ma present na witness. Collins could hardly recognize the victim anymore because it was 2012 pa," Umpa said.
He said the prosecution was ready to present the witness but the court had no recourse but to postpone the hearing due to the absence of Collins' legal representation.
He noted that the proceedings could not move on without the accused being represented by a legal counsel.
Umpa said the prosecution may ask the court to provide legal representation for Collins should his lawyer refuse to appear in the next hearing so as not to delay the proceedings.
"The court will be forced to designate somebody from the bench who can represent him. Next hearing we can ask the court," Umpa said.
Thomas Oliver Kellenberger, official of the Philippine Island Kids International Foundation, Inc. who filed the case in behalf of the victim, was also present during the hearing.
Umpa said the police are mulling a move to file obstruction of justice against a group who hid the victim for four years.
He said the group of persons was identified but he declined to name them.
"Tinago siya (the victim) to prevent her from testifying so there is motive. There is an on-going investigation against these persons," Umpa said.
The victim had gone missing after Collins posted P120,000 bail for the rape by sexual assault charges in 2012.
Authorities rescued the victim and her 18-year-old boyfriend at a residence in Maramag, Bukidnon on September 20. This prompted the regional prosecutor’s office to revive the case.
The victim's boyfriend will serve as witness for the human trafficking charges to be filed by the prosecution.
The victim is now under the witness protection program of the Department of Justice.
