Suspect wants to be state witness in Oberes slay
MURDER suspect Joshua Garciano wants to become a state witness to help authorities attain justice for the killing of Air Force Staff Sgt. Mark Herbert Oberes, whose charred remains was found along with his burnt car last Jan. 31.
Garciano, through his lawyer Rameses Villagonzalo, filed a motion asking the Office of the Talisay City Prosecutor to allow him to become a witness for the prosecution.
“He can be of great help for the successful prosecution of this case,” the motion read.
However, the family of Oberes thinks there is no need for Garciano to become a state witness.
Garciano, the driver of the victim’s vehicle, and his girlfriend, Resamie Cabañog, have been arrested and accused of murder before the Talisay City Prosecutor’s Office.
Garciano drove Oberes’ vehicle to Valencia, Carcar after the soldier was mauled and shot inside Corazon Village in Talisay City last Jan.31.
Resamie’s mother, Edna, the alleged mastermind, remains at large together with a certain Tomas Isugan and two other unidentified people. Isugan has been described as Edna’s driver.
Resamie, in an interview, said she met Oberes last year through a networking venture they were both in.
While admitting she had a relationship with Oberes for five months, Resamie said she decided to end it when she found out that the officer was married.
Her mother, she recalled, reprimanded her and Oberes for their relationship. But while she wanted to get away from Oberes, Resamie said, the officer continued to pursue her. When Oberes reportedly found out that Garciano was Resamie’s new boyfriend, the soldier sent him threatening messages.
Edna reportedly told her daughter that she would deal with the officer after she learned about the threats.
No evidence
In the pleading, Atty. Villagonzalo, Garciano’s lawyer, said that there is nothing in the complaint that showed Garciano’s participation both in the planning and conspiracy to kill the soldier and the killing.
“There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of accused,” the pleading read.
Garciano’s testimony can be substantially corroborated in its material points, the lawyer said.
“Should the State and the private complainant agree with Garciano’s proposal, he will execute as a state witness a detailed account of what really happened under the examination or assistance of the public prosecutor,” the pleading read.
Nevertheless, Garciano’s supposed sworn statement would be inadmissible as evidence to court since such is not subscribed by a public prosecutor.
In a statement to SunStar Cebu, the family of the Oberes said their lawyer has yet to receive a copy of the motion filed by Joshua Garciano applying as a state witness but added the family is convinced that there “is no absolute necessity for Joshua’s testimony in court.”
In a separate interview, Talisay City Prosecutor Marshall Rubia said it’s not up to them to decide if Garciano will qualify as a state witness.
Once the murder case filed against Garciano and the other suspects have been lodged before the court, it will be up to the court to approve the motion filed by his lawyer, Rubia added. (GMD, JKV)