Prosecution witnesses to convince judge of DA officials’ complicity in Esperat slay

THE Cebu City court trying the case of slain whistleblower-turned-journalist Marlene Esperat has been holding marathon hearings since yesterday until Friday, June 30, allowing the prosecution to present at least six more witnesses to convince Judge Eric Menchavez to consider the charges against suspected masterminds and high-ranking Department of Agriculture (DA) officials Osmeña Montañer and Estrella Sabay.

Esperat, a columnist for the Sultan Kudarat paper The Midland Review, was murdered on March 24 last year in front of her children by a lone gunman who casually walked into the living room of her home in Tacurong City and fired a single bullet at her.

Montañer and Sabay have been included as additional accused in an amended murder complaint filed on April 15, 2005. Charges were earlier filed against suspect Randy Grecia and his companions whom he identified when he surrendered barely two weeks after the killing — ex-military intelligence officer Rowie Barua (who acted as coordinator), ex-Sgt. Estanislao Bismanos (the lookout), and Jerry Cabayag, (the triggerman).

On July 4, 2005, Bismanos, Grecia and Cabayag pleaded guilty while Barua turned state witness, pointing to Montañer and Sabay as the masterminds in Esperat’s murder.

In marathon hearings last May 23-25, Barua told the court, in detail, how he was asked by Montañer and Sabay to plan and undertake the killing of Esperat — a period of more than two months from the planning stages in early 2005, to the point of hiring Bismanos and company to “silence” the journalist, up to the time of payment for the hatchet job.

Barua’s direct examination also refuted the defense’s argument that he and Sabay were mere acquaintances.

But the two officials of the DA’s regional office have continued to elude justice. Charges against them have been dismissed and warrants for their arrest withdrawn, despite what the Esperat family and its lawyers say is strong evidence and testimony linking them to the murder.

Led by Cotabato City prosecutor Tocod Ronda, a known ally of Montañer, the prosecution panel formed by the Department of Justice (DOJ) endorsed the dismissal of charges against the two officials on June 29, 2005. A month later, DOJ reorganized the panel, now excluding Ronda, and eventually re-filed the murder charges. Ronda was later sacked from his post.

Last August 31, the judge originally handling the case, Francis Palmones of the Tacurong City RTC, dismissed the murder charges against Montañer and Sabay despite the strong testimony of Barua and the support of the DOJ.

At the start of the trial in Cebu City last February 15, RTC Branch 21 Judge Menchavez rejected the motion filed by the prosecution to reconsider the dismissed murder charges against the two.

With new witnesses, the prosecution led by Atty. Nena Santos, Esperat’s friend and lawyer, hopes that Menchavez will finally reconsider the case against Montañer and Sabay, and possibly order arrest warrants against them, in view of Barua’s strong testimonies.

Noting the significance of the trial, the Freedom Fund for Filipino Journalists (FFFJ) said that the Esperat case marks the first time that a real mastermind — two, in this case — can be pinned down. Since 1986, FFFJ said there has been no prosecuted mastermind/s in any of the slain journalist cases.

The group said that based on the exposés made and cases filed by Esperat with the Ombudsman when she was still alive, the corruption inside the DA not only involves the two suspected slay masterminds but also several high-ranking national officials, in connection with the so-called multi-million peso fertilizer scam.

Added FFFJ: “The success of the trial may very well hinge on the involvement and successful prosecution of the suspected masterminds, as this will prove that the government and the justice system are still steadfast in bringing the real resolution to the continued attacks against the country’s battered press freedom.”

Launched in January 2003, the FFFJ attempts to seek support for murdered journalists and the families they leave behind as well as promotes public advocacy for the protection of journalists. Members of the group include the Philippine Press Institute (PPI), Center for Media Freedom and Responsibility (CMFR), Center for Community Journalism and Development (CCJD), Philippine Center for Investigative Journalism (PCIJ), Kapisanan ng mga Brodkaster ng Pilipinas (KBP) and Philippine News.

An in-depth primer on the Esperat case prepared by FFFJ can be downloaded here.