Trial of Esperat’s case transferred to Cebu

GENERAL SANTOS CITY — The family of slain journalist Marlene Esperat have high hopes that they will finally get justice for her untimely death following the transfer of the trial in Cebu City.

"We believe that Cebu City is a level playing field to attain justice. Our experience in the regional trial court in Tacurong City taught us a very dis-heartening lesson," said lawyer Nena Santos, counsel for the victim’s family.

Santos said they were saddened with the Aug. 31 decision of Regional Trial Court (RTC) Judge Francis Palmones Jr., of Branch 20 based in Tacu-rong City, dismissing the murder charges against the two alleged masterminds Osmena Montaner and Estrella Sabay, the finance and accountant officers, res-pectively, of the Department of Agriculture for Region 12.

"We really felt the influence that the accused wields over prosecutors and the court," Santos told The STAR.

Owing to the decision of Palmones, who attributed the dismissal of the case to the prosecutor’s failure to "adduce additional evidence as directed," Santos disputed the "midnight decision" because the judge allegedly knew he will be transferred back to his original sala in Kidapawan City, North Cotabato.

"We hope and pray that God will work in the heart of the people who will prosecute and try the case in the new venue," said Santos as she asked for a fair and impartial trial.

She also expressed hope that they would get the same justice as Pagadian City journalist Edgar Damalerio whose killer, former police officer Guillermo Wapile, was convicted recently by a Cebu RTC.

"We are asking that Marlene’s killing be given justice," Santos said.

Santos also welcomed the P2-million fund given by Congress to the Freedom Fund for Filipino Journalists and the Philippine National Police (PNP), which legislators described as "a step in defense of press freedom" and is expected to provide a "strong deterrent" to the wave of violence against Filipino jour-nalists.

"If the fund could really help in building up the case against the enemies of press free-dom…then we will thank them," Santos said.

A couple of weeks ago, the Supreme Court has ordered the transfer of Esperat’s murder trial to Cebu City when the jour-nalist’s husband George peti-tioned for possible transfer amid threats on the life of vital witnesses in the killing.

Last week, Santos said the Esperat case was raffled off to the sala of Judge Erick Benchavez.

Esperat, a columnist of The Midland Review, was shot dead on March 24 by a lone gunman inside her residence in Barangay New Isabela, Tacucong City, Sultan Kudarat.

Police have arrested four suspects in the killing — Jerry Cabayag, the alleged gunman, Estanislao Bismanos,Randy Grecia, and Army Sgt. Rowie Barua, who tagged Montañer and Estrella Sabay, DA regional accountant, as the alleged masterminds in the killing.

In his extra-judicial con-fession, Barua, a military intel-ligence operative, alleged that he was ordered by the two agri-culture officials to hire the group of Cabayag to liquidate Esperat for P120,000. Barua once served as Sabay’s security escort.

He said the two officials ordered the killing of Esperat, who was a resident Ombudsman in the DA, for initiating the filing of graft charges against them in connection with the multi-million anomalous purchase of farm inputs, which is now part of the investigation being con-ducted by Congress.

In June, the RTC in Tacurong City issued the arrest warrant against Montañer and Sabay. However, the arrest warrant was later recalled after the prosecutors conducting the preliminary investigation on the case came out with two conflicting reso-lutions.

Prosecutor Tokod Ronda, who headed the panel of prosecutors who conducted a re-investi-gation of the case, had absolved the two DA officials from any involvement in the killing, which was contrary to the resolution earlier issued by state prosecutor Nestor Lazaro, who recom-mended the filing of murder charges against the two officials.

Except for Barua who had been placed under the custody of the justice department’s witness protection program, the suspects will be transferred to Cebu City from their detention cell at the city jail here.