16 March 2006

Alert

Court dismisses case against suspect in journalist's murder


Incident details

Elpidio Binoya

journalist(s)

killed
(CMFR/IFEX) - In an unfortunate turn of events, a local court recently dismissed the murder charge filed against the alleged individual behind the 17 June 2004 killing of journalist Elpidio Binoya in General Santos City, located about 700 kilometers south of Manila.

In his six-page decision dated 6 March 2006, Judge Oscar Noel of the General Santos City Regional Trial Court Branch 35 acquitted former "barangay captain" (top village official) Ephraim Englis on the basis of insufficient evidence. Englis was acquitted without the court even hearing the testimonies of the defense witnesses.

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

Neither the Binoya family's legal counsel, Benjamin Cuanan, nor Grace Binoya, the widow of the slain journalist, were present when the controversial decision was handed down. Cuanan told CMFR that he has not received a copy of the decision. Grace Binoya was only able to get a copy three days after the verdict was announced.

In August 2005, the case against Englis was strengthened when the prosecution presented video footage form the murder scene, shot moments after the journalist was killed by the network giant ABS-CBN's regional news crew. Coupled with the testimonies of two witnesses, the footage further strengthened the case against Englis and Toquero, according to Cuanan.

Grace Binoya 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," the widow pleaded in an interview with CMFR.



Source:

Center for Media Freedom and Responsibility
2/F Ateneo Professional Schools - Salcedo
130 H.V. dela Costa St., Salcedo Village
Makati City 1227
Philippines
staff (@) cmfr-phil.org
Phone: +632 8400903
Fax: +632 8400889
 

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