Court denies bail for ex-mayor accused of killing radioman
By Nestor P. Burgos Jr.
Visayas Bureau
First Posted 05:06:00 09/08/2008
ILOILO CITY—The Cebu Regional Trial Court has denied an appeal for bail of a former Aklan town mayor accused of gunning down broadcaster Herson “Boy” Hinolan.
In a six-page order received by the prosecution on Sept. 1, Judge Sylva Aguirre-Paderanga, presiding judge of the Cebu RTC Branch 16, upheld her May 26, 2008, ruling denying the petition of former Lezo town Mayor Alfredo “Fred” Arcenio.
Paderanga said in her latest order that the testimony of witness Niño Suñer during a hearing on May 26 had established evidence against Arcenio, warranting the denial of bail.
“After due consideration of the testimony of witness Suñer, the court finds nothing that could sway its evaluation of the evidence presented for purposes of bail that the prosecution has established that the evidence of guilt of the accused of the crime charged is strong,” said Paderanga in her order denying the motion for reconsideration filed by Arcenio’s lawyer on June 12.
Testimony
A lone gunman repeatedly shot Hinolan on Nov. 13, 2004, in Kalibo, Aklan. Hinolan, former station manager of dyIN Bombo Radyo in Kalibo and host of its morning program “Bombohanay Bigtime,” died two days later from multiple bullet wounds.
Suñer, 19, had testified that he was a few meters away inside a parked tricycle when he saw Arcenio with a handgun approaching and then shooting Hinolan in the back.
Suñer, who was 15 at the time of the shooting, said he recognized Arcenio as the gunman because the area where Hinolan was shot was well-lighted and that the former mayor was frequently seen at cockpits.
Arcenio, a former soldier, has denied involvement in the killing and has repeatedly claimed that he was in Lezo, 7 kilometers from Kalibo, during the killing. He has been detained at the Cebu Provincial Detention and Rehabilitation Center.
Paderanga said Suñer was a credible witness despite coming out only four years after Hinolan’s killing.
“In imputing a heinous crime against the accused who was then mayor of Lezo, Aklan, witness Suñer must have drawn enough courage and strength to help obtain justice for the victim,” said the judge in her order.
But she pointed out that the court “only evaluated the weight of evidence for purposes of accused’s putting up of bail but has yet to determine the guilt of the accused beyond reasonable doubt.”
One of Arcenio’s lawyers, Ramiro Madarang, said in a phone interview that his client would file a petition for certiorari before the Court of Appeals questioning the orders of the Cebu RTC denying the petition for bail and the motion for reconsideration.
Prosecution
The prosecution panel, composed of members of the Department of Justice’s Task Force 211, has filed a motion to cite in contempt of court Arcenio and his brother Toto for allegedly calling and harassing Suñer’s family and relatives to convince the witness to retract his testimony.
It also sought an order barring Arcenio’s relatives and supporters from communicating with any of the prosecution witnesses and their immediate relatives.
Madarang denied the allegation against his client. “That is not only false but fabricated. The real objective is to depict my client as a man of violence,” he said.
The court is also hearing the case of another Aklan broadcaster, Rolando Ureta, who was gunned down by two motorcycle-riding men on Jan. 3, 2001, along the national highway in Barangay Bagtu, Lezo.
In a hearing on Aug. 29, witness Peter Sonio identified one of the accused, Amador Raz, as one of Ureta’s gunmen. The other accused, Jessie Ticar, earlier died of an ailment during detention at the Aklan Rehabilitation Center.
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