Ex-mayor accused of killing Kalibo broadcaster denied bail

MANILA, Philippines - A Cebu court has denied bail to a former mayor Alfredo Arcenio of Lezo town in Aklan who is accused of killing broadcaster Herson "Boy" Hinolan in November 2004, the Visayan Daily Star on Monday. In an order dated Sept. 1, Judge Sylva Aguirre-Paderanga said the testimony of witness Niño Suñer during a hearing on May 26 established evidence against Arcenio. "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," Paderanga said in denying a motion for reconsideration filed on June 12 by Arcenio's lawyer. A lone gunman repeatedly shot Hinolan on Nov. 13, 2004, near a carnival in Kalibo, the capital of Aklan. Hinolan, former station manager of dyIN Bombo Radyo in Kalibo and host of the station's morning program Bombohanay Bigtime, died two days later with several gunshot wounds. Suñer, 19, testified that he was a few meters away inside a parked tricycle just outside the carnival when he saw Hinolan urinating beside a warehouse. He said he saw Arcenio with a handgun, approaching and then shooting Hinolan in the back. Suñer, 15 years old at the time of the shooting, said he recognized Arcenio as the gunman because the area where Hinolan was shot was well-lighted. He also noted the former mayor was frequently seen in cockpits. Arcenio, a former soldier, denied involvement in the killing and repeatedly claimed he was in Lezo town 7 kilometers away at the time of the incident. The former mayor is now detained at the Cebu Provincial Detention and Rehabilitation Center. Paderanga said Suñer is 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," she said. But she added 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." Once of Arcenio's lawyers, Ramiro Madarang, said his client will file a petition for certiorari before the Court of Appeals questioning the orders of the Cebu RTC. The prosecution panel composed of prosecutors from the Department of Justice's Task Force 211 has filed a motion to cite in contempt of court the accused and his brother Toto Arcenio for allegedly calling and harassing Suñer's family and relatives to convince the witness to retract his testimony. The prosecution also sought an order barring the Arcenio's relatives and supporters from communicating with any of the prosecution witnesses and their immediate relatives. Madarang denied the allegation against his client, saying: "That is not only false but fabricated. The real objective is to depict my client as a man of violence." The Cebu RTC Branch 16 is also hearing the murder case of another Aklan broadcaster, Rolando Ureta, who was gunned down by two motorcycle-riding gunmen on Jan. 3, 2001. In the hearing last August 29, witness Peter Sonio identified one of the accused, Amador Raz, as one of the Ureta's gunmen. Another accused, Jessie Ticar, earlier died of an ailment while under detention at the Aklan Rehabilitation Center. Justice Undersecretary and Task Force 211 head Ricardo Blancaflor welcomed the progress in the cases and said they are determined to resolve the cases of murdered journalists, including the recent killings of broadcasters Martin Roxas in Roxas City in Capiz and Dennis Cuesta in General Santos City. He said they will provide security assistance to families of witnesses if requested and necessary. - GMANews.TV