EJK victims’ families seek fair trial vs congressman

BACOLOD CITY, Philippines — Families of victims of extra-judicial killings in Escalante City, Negros Occidental are pinning their hopes on Regional Trial Court Judge Katrine Go for a fair and speedy trial in the remaining murder charges against Representative Melecio" Beboy" Yap (1st district, Negros Occdiental).

This came after RTC-San Carlos City Judge Danilo Amisola dismissed a frustrated murder and three murder cases against the congressman.

"We trust her (Judge Go) fairness, yet we remain ever vigilant in search for justice," they said in a statement sent to the media by their legal counsel, Luke Espiritu.

Amisola, in dismissing the cases against Yap in a 30-page order signed February 17, said: "The court finds that the evidence as evaluated did not meet the standard of probable cause to warrant the issuance of warrants of arrests against the accused and the act or omission complained of does not constitute the offense charged."

Ariel Malunes, counsel of the congressman, said he is confident that the fourth murder charge against Yap, still pending before the judge, will also be dismissed for lack of evidence.

Espiritu, in the statement he issued, claimed that the dismissal of the charges against Yap "is a sorry attempt to cover the truth with a purple robe." He contended: "We have eyewitness accounts, admissions from former assassins and documentary admissions, pointing to Representative Yap as the perpetrator of these crimes against five known supporters of former Escalante City Mayor Santiago Barcelona."

Earlier, Ombudsman Conchita Carpio Morales and her team found probable cause to indict Yap for the murder, Espiritu added. However, Yap described the murder cases ordered filed against him by the Ombudsman "politically motivated."

Saddened by how Judge Amisola presided over the case, Espiritu said the judge was speedy, but his fairness, they seriously doubt.

Amisola said the witnesses' testimonies in this case are full of material inconsistencies that the court deemed tainted. This, coupled with the delay in the filing of the criminal complaints, affected the credibility of the complainants, he said.

"The complainants failed to give any explanation for the delay which spanned years. When they finally filed the complaints, it was in April 2013 or a few weeks before the 2013 elections where Yap was a mayoralty candidate against Barcelona," Amisola ruled.

"It is worth noting that all nine complainants and their dead relatives are avid supporters of Barcelona. Consequently this created the impression that the filing of the cases could be politically motivated," the decision added.

Espiritu countered: "With the glaring circumstances surrounding Judge Amisola handling of the five murder cases against Representative Yap, we are forced to file an administrative case against him in the Supreme Court next week." (FREEMAN)