TRANSCRIPT OF THE CROSS EXAMINATION OF WITNESS DANE GARCIA

Lawyer: Madam witness, while you and Charlie were walking, did you notice other vehicles passing
by aside from the black motorcycle that you mentioned in Q4 of your JA?

Witness: Yes sir. There were other vehicles passing-by at that time, sir.

Lawyer: Madam witness, how far were you from the line which delineates the passable portion of the
road for vehicles and its shoulder?

Witness: I am not sure sir.

Lawyer: Can I infer then that there is a possibility that you were walking pass the shoulder of the road
and into the portion of the road for vehicles?

Prosecutor: Objection, your Honor. The counsel is misleading the witness.

Lawyer: No, your Honor. I was asking that question because the witness is unsure of where they
were actually walking at that time.

Judge: Proceed.

Witness: We were walking on the shoulder of the road sir. Several vehicles passed by us before the
motorcycle yet we were not hit.

Lawyer: Based on your answer in Q5 of your JA, you did not actually see how the black motorcycle
bumped Charlie. Am I correct?

Witness: Yes sir. Since we were walking side by side, I did not actually see the motorcycle bumping
him.

Lawyer: Does that mean that you only inferred that it was the black motorcycle with plate number
AA237 who bumped Charlie?

Witness: Yes sir. But I am quite sure it was that motorcycle because it was the closest to us at that
time sir.

Lawyer: How far were you to Charlie when the accident happened?

Witness: I was just beside him, sir.

Lawyer: When you saw Charlie lying on the road, what was the very first thing that you did?

Prosecutor: Objection, your Honor, the witness already answered that in her judicial affidavit.

Judge: Sustained.

Witness: When you saw Charlie lying down on the street, you immediately looked for the vehicle
which bumped him. Am I correct?

Witness: Yes sir.

Lawyer: How far were you from that vehicle when you saw it?

Witness: It was already around 5 meters away from me, sir.

Lawyer: What color of shirt did the driver wear when you saw him?

Witness: He was wearing a green shirt sir.

Lawyer: Was the driver wearing any helmet at that time?

Witness: No sir.
Lawyer: Have you checked if Charlie was already lifeless right after the motorcycle bumped him?

Witness: Yes sir I checked, he was still breathing then sir.

Lawyer: On A10 of your JA, you mentioned that it appears to you that the driver was drunk. But then
you also mentioned that he was able to make a U-turn and fled. Don’t you think that if the accused
was in a really drunken state, would he be still able to flee like that as you mentioned?

Prosecutor: Objection, your Honor. The question is misleading the witness.

Lawyer: Your honor, I am only checking on the credibility of the witness’ answers in her JA.

Judge: Sustained.

Lawyer: Have you encountered the accused face to face within that same day?

Witness: No sir.

Lawyer: That will be all, your Honor.