Sunday, May 11, 2008
Cebu judge hears case of Aklan journalist's death
THE 2001 murder of Radio Mindanao Network-Aklan program director Rolando Ureta is the latest media-killing case to be endorsed to Cebu City.
Regional Trial Court Judge Sylva Paderanga heard the case last friday morning, with the prosecution calling the broadcaster’s widow Emely to the witness stand.
The respondent, Amador Raz, was in court but was without counsel. He was charged along with Jessie Ticar for the killing but the latter died at the Aklan Provincial Hospital last May 2.
Paderanga allowed Emily’s testimony despite the absence of Raz’s counsel, saying the respondent will have ample time to cross-examine the witness when his counsel becomes available.
Regional State Prosecutor Fernando Gubalane, in a press conference, said state prosecutors expect a conviction.
Fair
If that happens it will be three out of three in favor of the prosecution. State prosecutors managed to secure a conviction in the first two media-killing cases sent to Cebu: the Damalerio case, promulgated on Jan. 30, 2006, and the Esperat case, promulgated nine months after.
Manila-based State Prosecutor Peter Medalla said they moved for the case’s transfer to Cebu to “level the playing field,” hinting that the atmosphere in Aklan tended to be prejudicial to the slain journalist’s camp.
He said they expect a fair trial in Cebu. Moreover, it is near and safe. Judges are also credible.
A third case sent to Cebu was the murder charge filed against former Lezo, Aklan mayor Alfredo “Fred” Arcenio for the Nov. 13, 2004 killing of Bombo Radyo-Aklan broadcaster Herson Hinolan.
Proceedings have yet to begin.
Based on documentation prepared by the international media group IFEX, the Aklan Provincial Police Office filed a murder complaint against Raz and Ticar on Sept. 24, 2004, three years, eight months and 21 days after the killing.
This, after police finally found a willing witness, Gerson Sonio.
History
According to Sonio, he saw Paz driving a motorcycle in tandem with Ticar, who shot Ureta three times.
Ureta was reporting and commenting on illegal gambling and illegal drugs in his community before he was killed, and had been receiving death threats as early as 2000.
Aklan Assistant Prosecutor Apolinar Barrios rejected the testimony and dismissed the complaint for “lack of probable cause” in a resolution dated Dec. 2, 2004.
The witness’ father Perlito and his uncle Diego Masangya had filed separate affidavits claiming that Sonio was in Iloilo City, some 200 kilometers away from Aklan, on the day of the killing. So he couldn’t possibly have witnessed it.
Barrios said the witness also did not, among other things, indicate his profession as a “balut” vendor. The omission, according to the prosecutor, tainted the credibility of Sonio’s testimony.
Emely filed a motion for reconsideration on Jan. 4, 2005 and endorsed additional witnesses to support Sonio’s testimony. It was denied a month and six days after.
DOJ resolution
The local police, together with Emely, elevated the matter to the Department of Justice (DOJ) in Manila, alleging grave abuse of discretion by the investigating prosecutor.
They found relief.
“Weighed against the denials and alibis of respondents, said witness’ affirmative testimony is stronger than a negative one,” the DOJ, in a resolution dated Jan. 16, 2007, stated.
The DOJ also found no probable cause for Sonio to maliciously fabricate stories against the accused.
“The record is bereft of any evidence showing that Sonio was prompted by ill-will in testifying against said respondents,” the DOJ resolution read.
The complainants then petitioned the High Tribunal to transfer the venue of the hearing to Cebu. The High Court granted it last March 18. (KNR)
For Bisaya stories from Cebu. Click here. (May 11, 2008 issue)
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