Sunday, June 29, 2008 Case should have been homicide, not murder: ex-mayor's lawyer
HOMICIDE should have been the proper charge against former Lezo, Aklan mayor Alfredo Arcenio and not murder, said the defense lawyer of the case involving the killing of a journalist.
Lawyer Ramiro Madarang said this in asking for a reconsideration of the court’s denial of his client Arcenio’s motion to post bail.
The 21-page motion for reconsideration anchored its argument on the alleged failure of the prosecution to prove “treachery” in the death of Bombo Radyo-Aklan station manager Herson “Boy” Hinolan in 2004.
Testimony
“Well settled is the rule that treachery cannot be presumed. It must be proven by clear and convincing evidence or conclusively as the killing itself,” the motion read.
The motion said the prosecution relied solely on the second half of the testimony of its “surprise witness” Niño Suñer, who was presented as a witness in the hearing for Arcenio’s motion to bail.
Based on Suñer’s testimony, Regional Trial Court (RTC) Judge Sylva Paderanga of Branch 16 ruled that Arcenio’s guilt appeared to be strong, thus denying him bail.
Madarang said the first part of Suñer’s testimony bordered on assumption since the witness testified “merely hearing the gunshots” then later seeing a man holding a gun.
The second part narrated how Arcenio allegedly chased Hinolan and heard two more gunshots.
“The witness did not see the accused aim at Hinolan, fire the shots, and hit him,” the motion also read.
Failure to prove treachery should have only warranted the filing of a homicide charge, rather than murder, argued Madarang.
In fact, the Aklan Provincial Prosecution Service only found basis to file a case for homicide against Arcenio, also banking on the absence of “treachery.”
Political
The resolution also hinted at “political motivation” in the filing of the charge against the accused.
The Regional State Prosecutor in Iloilo City, however, conducted a reinvestigation of the case and modified the charge to murder qualified with treachery.
Arcenio is detained at the Cebu Provincial Detention and Rehabilitation Center.
During their pre-trial conference, the two sides agreed to meet twice a month starting on Oct. 1.
The prosecution will present Dr. Edmar Ballares of the Rafael Tombocon Memorial Hospital in Aklan as its first witness. (JGA)
