Court dismisses case against Binoya murder suspects

In an unfortunate turn of events, a local court dismissed recently, the murder charge filed against the alleged brain behind the 17 June 2004 killing of journalist Elpidio Binoya in General Santos City, about 700 kilometers south of Manila.

In his six-page decision dated 06 March 2006, General Santos City Regional Trial Court Branch 35 Judge Oscar Noel acquitted former barangay captain (top village official) Ephraim Englis on the basis of insufficient evidences.

The court denied the petition for acquittal of the other suspect, alleged gunman and Englis’ driver, Alfonso Toquero.

Englis was dismissed even without hearing the testimonies of the defense witnesses.

The controversial decision was handed down without the presence of the Binoya family’s legal cousel Benjamin Cuanan, and Grace Binoya, the widow of the slain journalist.

Cuanan told the Center for Media Freedom and Responsibility (CMFR) that he has not received any copies of the said decision. Grace, on the other hand, was only able to get a copy of the resolution three days after the verdict was made.

Just eight months ago, the case against Englis received an extra lift when the prosecution presented a video footage of the killing moments after it happened

The footage was made by the network giant ABS-CBN’s regional news crew, who were able to immediately go to the scene of the crime shortly after the fatal shooting. In fact, the crew had footages of Binoya still sprawled on the ground.

Coupled with the testimonies of two witnesses, the footage further strengthened the case against Englis and Toquero, according then to Cuanan.

Grace expressed sadness at the outcome of the case, and is planning to seek the help of the Department of Justice and Supreme Court.

“We’re all sad (with the acquittal of Englis), including the media men here. Please help us,” Grace pleaded in an interview with CMFR.

In 2001, Binoya became a regular commentator of “Radyo Natin (Our Radio),” as well as its station manager. Mindanao Bulletin’s Isagani Palma described Binoya as the station’s “one-man army. He was the one who managed it, he looked for the news, and he reported the news.”

Binoya had a reputation of “Mr. Latigo ng Radyo (Whip of Radio),” in reference to one of his radio programs, Grace said. Though hard-hitting, Binoya never broadcast or published reports unless they were substantiated, according to Palma.

Binoya was the 45th work-related journalist killing casualty since democracy was restored in 1986.

Since 1986, only two cases were satisfactorily resolved and had successful convictions – the cases of Nesino Toling and Edgar Damalerio – the latter one considered a landmark case and was closely watched by both local and foreign media organizations.###

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