Esperat slay case Prosecution wants accused to turn state witness

The prosecution panel in the Marlene Esperat murder case has asked the court to discharge Army sergeant Rowie Barua as one of the accused as it intends to have him as state witness against two Department of Agriculture officials in Region 12 suspected of masterminding the crime.

The panel, led by senior state prosecutor Leo Dacera, filed a motion yesterday to discharge Barua, saying that he has manifested his desire to testify as state witness. In fact, Barua was already admitted to the witness protection program of the Department of Justice.

Barua's testimony, according to the prosecution, is necessary because no other witness has mustered enough courage to testify in the case.

The prosecution panel said there is no other direct evidence available except for the testimony of Barua whom it said is the least guilty of the four accused.

The other accused, Jerry Cabayag, Randy Grecia and Istanislao Bismanos, have confessed to the crime and pleaded guilty.

The prosecution is exerting all efforts to indict the alleged masterminds, Osmeña Montañer and Estrella Sabay, chief finance officer and chief accountant of the DA in Region 12 respectively.

But judge Eric Menchavez yesterday barred the Montañer and Sabay from being re-included in the murder charge, he asked the prosecution to prepare a petition for certiorari before the Court of Appeals to contest his ruling.

Pending the CA ruling on his denial of the prosecution's motion to include Montañer and Sabay in the case, Menchavez said he would not yet rule on the motion to discharge Barua.

Public attorney Elmer Pacayra, who represents the three other accused, objected to the prosecution's motion, saying that it is still premature to discharge Barua because his testimony is material only for the prosecution of the alleged masterminds.

Pacayra said that since the court had denied the motion to include Montañer and Sabay, Barua's testimony is useless until the CA reverses Menchavez's ruling. But Pacayra was caught flat-footed when the court appointed him as Barua's lawyer when the prosecution decided to present him as its witness.

Pacayra was hesitant at first to represent Barua because his testimony would be against his three other clients, and was apparently worried of the ethical implications if he represented Barua. But he later obliged when Menchavez told him that the three other accused have already pleaded guilty to the crime.

"I am confused to give my representation to the accused and to the witness," Pacayra said.

Barua, who used to be Sabay's security, claimed that the DA official asked him in January 2005 if he knew somebody who is a hired killer because Montañer is allegedly willing to pay any amount to kill Esperat.

"Owen may kakilala ka ba na magamit nating tao para patayin si Marlene Esperat?" Barua quoted Sabay as asking him.

Barua said Montañer and Sabay were very mad at Esperat because of the journalist's alleged meddling in their activities. In fact, Esperat charged them before the Ombudsman for alleged irregularities.

Barua said he ignored the request at first but Sabay was allegedly persistent. On February 4, 2005, Barua met Bismanos, a childhood friend, when he went home to attend a barangay celebration in Kapayawi Libungan, Cotabato.

Barua's testimony was cut short because of time constraint, but he will be presented again this afternoon when the trial continues.

Esperat was shot dead in her house last March 24, 2005. - Fred P. Languido