From defense to 'offense' Defense lawyer sees conflict of interest

Public attorney Elmer Pacayra is apprehensive that his continued representation as counsel for accused Rowie Barua who testified for the prosecution in the murder of journalist Marlene Esperat will constitute a conflict of interest.

But, judge Eric Menchavez of the Regional Trial Court Branch 21 denied his motion to withdraw as counsel of Barua upon the objection of the prosecution panel led by senior state prosecutor Leo Dacera.

Pacayra said that Barua is still one of the accused in the case because the court has not acted on the prosecution's motion to discharge him yet. He explained that considering that Barua is already presented as prosecution witness his testimonies would be incriminating to him and to the other accused, Randy Grecia, Istanislao Bismanos and Gerry Cabayag.

"I am afraid that he will be incriminated because he is not yet discharged," Pacayra said.

Dacera argued that Pacayra was given enough time to confer with Barua before the latter was presented. He added that the purpose of Pacayra's representation is not to obstruct the truth but to administer justice.

"His representation is to ensure that the Constitutional rights of his client and due process is observed," Dacera said.

Menchavez likewise said that Barua's testimony will help him because it would give more reason for the court to grant the motion to discharge him as one of the accused.

"Don't worry you are safe and as far as this court is concerned you are doing your best. This court will support you," Menchavez assured Pacayra.

Left with no choice after his manifestation was denied, Pacayra went on to represent Barua yesterday. The prosecution continued with the direct testimony of Barua who said that he was warned by Estrella Sabay, one of the alleged masterminds, not to tell anyone of their transaction.

The prosecution also presented yesterday text messages from Sabay to Barua, which were suggestive that the two had a relationship apart from Barua's being a security escort of Sabay.

"Ingat ka luv" read one of Sabay's text messages to Barua.

Barua admitted in court that Sabay also kissed him in the lips and sat on his lap on April 7, 2005. "Wen, huwag mo talaga akong iwanan," Barua recalled Sabay saying. He insisted they did not have an illicit affair and he was surprised why Sabay kissed him and called him "love."

Barua was earlier arrested by the Criminal Investigation and Detection Group in Region 12 together with Bismanos in connection with the murder of Esperat last March 24, 2005, in Tacurong, Sultan Kudarat. - Fred P. Languido