Prosecutor faces sanctions over witness mess in broadcaster’s murder case

MANILA, Philippines — An assistant provincial prosecutor of Aklan province found himself in trouble for facilitating the recantation of at least two witnesses in the killing of a broadcaster in 2004. Online news site Visayan Daily Star (www.visayandailystar.com) reported that administrative sanctions were recommended against Aklan Assistant Provincial Prosecutor Apolinar Barrios. “There is no question that Assistant Provincial Prosecutor Barrios committed administrative faults, described as conduct unbecoming/prejudicial to the interest of the service and (committed) misconduct," Assistant Regional State Prosecutor Virgilio Garcia, said in a report to Senior State Prosecutor Leo Dacera II. Barrios had subscribed the affidavits of recantation of former state witnesses Peter Melgar and Niño Suñer, in the murder of broadcaster Herson “Boy" Hinolan. The regional state prosecutor also recommended the filing of perjury charge against Melgar for recanting his statement. However, he denied doing anything irregular by administering Melgar’s affidavit of recantation. “I only performed my ministerial function as a prosecutor," he said. As for Suñer’s recantation, Barrios said he “could not remember." Suñer had also identified Arcenio as the gunman but reversed his claim saying he was “bothered by (his) conscience." Dacera heads the government’s Witness Protection Security and Benefits Program, which had admitted Melgar as one its protected witness. Hinolan, former station manager of dyIN Bombo Radyo in Kalibo and host of the station’s morning program “Bombohanay Bigtime," died two days after he was shot in November 2004. The Hinolan case is among those being prosecuted by the Department of Justice’s Task Force 211, which was created to prosecute cases of murdered journalists. Barrios said he explained to Melgar that the affidavit of recantation could be used against the witness in court. “He told me that his first affidavit was ‘coerced’ and he insisted on executing it despite my explanation," Barrios said. Melgar earlier executed an affidavit identifying then Lezo town mayor Alfredo “Fred" Arcenio as the person who repeatedly shot the Hinolan on November 13, 2004 near a carnival in Kalibo town. But in his affidavit of recantation subscribed by Barrios dated Feb. 12, 2008, Melgar said he had mistakenly identified Arcenio as the gunman because it was dark when Hinolan was shot. Arcenio, who is detained at the Cebu Provincial Detention and Rehabilitation Center, repeatedly denied involvement in the killing. He claimed he was in Lezo when the incident occurred. On the other hand, Garcia, who investigated Melgar’s recantation, said Barrios was not obliged to administer the recantation of Melgar even if the former witness insisted. “He could have refused it as a member of the DOJ which the affidavit will be used against," said Garcia. Investigation showed Barrios also administered the two-page affidavit of recantation dated Nov. 28 of Suñer. Prosecution lawyers alleged that Suñer’s family was repeatedly threatened in Aklan by the Arcenio’s camp, an allegation denied by the former mayor. On Nov. 22, 2005, the Department of Justice ordered the re-investigation of Hinolan’s case after Barrios, as investigating prosecutor, issued a resolution on March 31, 2005 finding probable cause for homicide against Arcenio despite a murder complaint filed by the police and the victim’s family. On Dec. 5, 2005, Garcia, as Acting Provincial Prosecutor of Aklan, issued a resolution upgrading the charge against Arcenio from homicide to murder. - GMANews.TV