THE Department of Justice yesterday turned down former Health Secretary Janette Garin’s motion to admit as evidence the affidavit of a pathologist that could shed light on the anti-dengue vaccine Dengvaxia controversy.
In a resolution, the panel of prosecutors headed by Senior Assistant State Prosecutor Ma. Emilia Victorio rejected Garin’s urgent motion to admit as evidence the affidavit of Dr. Raymundo Lo, an expert pathologist specializing in anatomic and clinical pathology, stating apart from the “very late submission” of the affidavit, a full-blown trial and not a preliminary investigation is the proper venue to thresh out the evidence of both parties.”
The death of nine children was part of the first criminal case against Garin and her co-respondents while a second case involving the death of additional eight children have also been filed with the DoJ.
The panel said Garin received the complaint last May 24 and was given 30 days to submit her counter-affidavit.
Garin submitted her counter-affidavit on June 25 while the complainants-parents and guardians of the children who died after being inoculated with the controversial anti-dengue vaccine- filed their reply last August 1.
The panel said Garin then submitted her rejoinder on August 28, adding that the latter failed to justify the late submission of Lo’s affidavit as part of her defense.
“The parties have been adequately accorded due process with the submission of their respective pleadings.
“At any rate the matters raised in the alleged expert testimony of Dr. Lo are evidentiary in nature and as such it is better threshed out in a full-blown trial before the court,” the resolution said.
“It cannot therefore be denied that respondent Garin was given ample time and opportunity to ventilate her defense,” it added.