Attorney Ramon Quichocho, one of the complainants who is representing himself, described the Jan. 27, 2011 letter of Dela Cruz as the “smoking gun.”
“Mayor Dela Cruz denies there are any false and/or defamatory statements in the letter,” said Assistant Attorney General David Lochabay, who is representing the Tinian mayor, in an email to Variety.
Dela Cruz was sworn in as Quichocho’s witness when Judge Kenneth Govendo resumed the hearing yesterday afternoon.
The hearing was to review the improper and/or defective certification by Attorney General Edward Buckingham that Dela Cruz was “acting within the scope of his employment” when he committed a tort against the plaintiffs in response to a valid Open Government Act request by Felipe Q. Atalig.
Quichocho and Atalig sued Dela Cruz for false, malicious, unprivileged and defamatory allegations.
“Since we have the initial burden by a preponderance of the evidence to show that the certification was improper and/or defective, we began presenting evidence, but the hearing was continued in order to resolve a legal matter,” Quichocho said in email to Variety.
Quichocho said the Jan. 27, 2011 letter has been admitted as evidence.
The “document speaks for itself,” Lochabay said.
Atalig is represented by attorneys Robert H. Myers and Michael N. Evangelista.
“I said that it is a ‘smoking gun’ letter, because it is the letter that contains the false and defamatory statements and made the basis of the defamation cause of action,” Quichocho told Variety.
In his testimony, Dela Cruz said Allan Perez and Lucia Blanco helped him draft the letter.
Judge Govendo will continue the hearing on July 27.
