Suspect in Gen San radioman's slay acquitted

A lower court in General Santos City acquitted Monday the primary suspect in the June 2004 murder of radio journalist Elpidio "Ely" Binoya. Binoya's wife, Mary Grace, said she learned of the decision only on Thursday through text messages from her husband's journalist friends. Acquitted for murder charges is Ephraim "Toto" Englis, incumbent chief of barangay (village) Datal Tampal in Malungon town in Saranggani. In a six-page decision, Judge Oscar Noel of the regional trial court (RTC)-branch 35 said the prosecution failed to present strong evidence against Englis, a former policeman detailed in General Santos City. The decision was based on testimonies of five prosecution witnesses, namely, Mrs. Binoya; SPO3 Pastor Romero; driver Ameril Danial Calamin; vendor Allan Rosaldez; and Roger Malid Pendatun. The witnesses are currently under the government's protection program. In a separate decision on March 6, the court denied the petition of one of the suspect, driver Alfonso Toquero, to dismiss the charges against him. Binoya, satellite station manager of DZRH Radyo Natin (Our Radio) in Malungon, was on his motorcycle on his way home from work when two unidentified men shot him to death at Upper Labay village in General Santos City. He was 48. Before his death, Binoya criticized local politicians including Englis in his commentaries for alleged corrupt practices. Binoya's family and colleagues earlier claimed influential people such as Saranggani Gov. Miguel Dominguez were protecting Englis and another suspect, Alvin Toquero. The governor, however denied the allegation and even asked Englis to surrender in 2004. The Binoyas' legal counsel, Atty. Ben Cuanan, was not immediately available for comment. Mary Grace told GMANews.TV that she is saddened with the court's decision, and appeals to media groups and lawyers to help her. "The suspect is now a free man while I still seek justice for my husband's death," Mary Grace said. She said her husband's colleagues in media plan to ask for support from lawyers to pursue the case. "God knows who really killed my husband," Mrs. Binoya said. Records of the Philippine National Police's Criminal Investigation and Detection Group (PNP-CIDG) show that six out of 38 murder cases against mediamen filed in court have been resolved. International media watchdogs have identified the Philippines as the second most dangerous country for journalists next to Iraq. Media groups bemoaned that government response was still limited to raising bounties for the killers' capture or even suggesting to journalists to arm themselves. Elpidio is the second journalist killed in relation to his work in year 2004, next to Albay broadcast journalist Rowell Endrinal. He is also the country's 45th media-related casualty since 1986.-GMANews.TV