Slain radioman’s kin sad over suspect’s acquittal

GENERAL SANTOS CITY — The family of slain broadcaster Ely Binoya has expressed sadness over the acquittal of the principal suspect in the murder.

Binoya’s wife Mary Grace said she was saddened by the court’s decision acquitting Ephraim Englis, barangay chairman of Datal Tampal, Malungon, Sarangani, as the primary suspect in the killing of her husband.

Binoya, 47, station manager and anchorman of Radyo Natin based in Malungon town, was cruising the national highway in Barangay Upper Labay this city aboard his motorcycle when he was gunned down by two motorcycle-riding men on June 17, 2004.

Police later charged Englis, a dismissed policeman, and his personal driver, Alfonso Toquero, in connection with the gunslaying.

During the trial, a witness, Ameril Calanin, positively identified Toquero as the driver of a red Suzuki motorcycle who fetched the gunman.

Other witnesses testified that Englis drove the gunman on his service pick-up and the latter transferred to the motorcycle driven by Toquero shortly before Binoya was killed.

In a six-page decision last March 6, Regional Trial Court Judge Oscar Noel dismissed the case against Englis on the ground that there was no direct evidence linking him to the killing.

"In view of all the foregoing, for failure of the prosecution to prove the guilt of accused Ephraim Englis beyond reasonable doubt, (he) is hereby acquitted of the offense charged," the ruling stated.

Englis and Toquero earlier had petitioned the court to dismiss the charges against them, arguing that the prosecution failed to present strong evidence against them.

The court’s acquittal of Englis came after the prosecution had completed the presentation of evidence.

The court set the next hearings of the case on April 26 and May 9, 10, 24 and 31, in which Toquero is scheduled to present his counter-evidence.

The court junked Toquero’s petition for bail, saying the evidence against him is strong based on the uncontroverted testimonies of Calanin who positively identified him as the driver of the gunman.

According to Noel, the prosecution failed to establish Englis’ motive in allegedly ordering the killing of Binoya.

The court gave credence to the testimony of Mary Grace Binoya that it was not only Englis whom the broadcaster had criticized in his radio program for alleged misuse of barangay funds but also several Malungon officials, including Mayor Teody Padernilla.

Days before he was murdered, Binoya filed charges against the relatives of Padernilla who had beaten him up inside an eatery in Malungon town.

Mary Grace said she is inclined to believe that certain Malungon officials might have a hand in the killing of her husband.

She said Englis is a strong political supporter of Padernilla, while Toquero served as an official driver of Englis.

"With all these facts, you can now establish the conspiracy in the killing of my husband," she said.