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Court finds 3 accused guilty of journalist's murder

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Friday, October 06, 2006
Court finds 3 accused guilty of journalist's murder

CEBU CITY -- (Updated 1:30 p.m.) Three persons accused of shooting to death journalist and whistleblower Marlene Garcia-Esperat were convicted Friday of murder charges by Cebu City Regional Trial Court Branch 21 Judge Eric Menchavez.

Menchavez in his decision read by clerk of court Ma. Teresa Jaca found Gerry Cabagay, Randy Grecia, and Estanislao Bismanos guilty of murder aggravated by treachery and sentenced them to imprisonment of at least 30 years.

Sun.Star Network Online coverage on journalist Marlene Esperat's murder case


The court also ordered the three to pay the heirs of Esperat the sum of P75,000 as civil indemnity, P75,000 as moral damages, and P25,000 as exemplary damages.

Accused Rowie Barua, who turned state witness, was acquitted for insufficiency of evidence. Barua was the one who contacted Esperat's killers in behalf of the alleged masterminds.

Esperat, dubbed the Philippines' Erin Brockovich for her tireless crusade against graft and corruption, was columnist for the Central Mindanao community paper Midland Review. She was gunned down on March 24, 2005 at her home in Tacurong City while having supper as her daughter and two sons watched in horror.

Esperat's husband and children and their lawyer hailed the court decision but said in a press conference after the case promulgation that they want the masterminds to be also held accountable.

Esperat lawyer Nena Santos filed immediately after the promulgation a motion to reinstate the murder charge against alleged masterminds Osmena Montaner and Estrella Sabay, top-ranking agriculture officials in Northern Mindanao.

She said they planned to use Barua's testimony in the case against the alleged masterminds in Esperat's death.

"We cry for justice in so far as the masterminds are concerned," she said later in a press conference called for by the Esperat family.

At the same press conference, Valmie Garcia-Mariveles, Esperat's sister, said they are happy to have obtained partial justice.

Mariveles added they could not find it in their hearts to forgive Esperat's killers.

"It so difficult to accept that they killed my sister just like that. Maybe they (accused) did it for financial reasons. But still it is hard to accept. Maybe time will heal," said Mariveles.

Esperat's husband George Esperat, meanwhile, said Barua should have been included in the case.

George said Barua should have also been charged though with a lesser penalty because he turned state witness.

Grecia, one of those convicted for the crime, agreed it was unfair that the court acquitted Barua of all charges.

Senior State Prosecutor Leo Dacera said Barua is in the government's witness protection program. (Sunnex)

(October 7, 2006 issue)
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