2 DA regional execs deny masterminding Esperat slay

GENERAL SANTOS CITY — Two top ranking officials of the Department of Agriculture (DA) have denied masterminding the March 24 killing of newspaper columnist Marlene Esperat in Tacurong City.

Special prosecutor Nestor Lazaro said the two — Osmena Montaner and Estrella Sabay, DA-Region 12 finance officer and accountant, respectively, submitted, through their lawyers, their counter-affidavits last Wednesday, denying their involvement in the Maundy Thursday gunslaying.

"As what we expected, the two DA officials submitted their counter-affidavits here at the Department of Justice (DOJ) in Manila, but without their presence," Lazaro told The STAR in a cellular phone interview.

Earlier, Justice Secretary Raul Gonzales had given the two an ultimatum to appear in his office to shed light on their alleged involvement in the crime.

In their arraignment in Tacurong City, Sultan Kudarat last Monday, the four detained suspects — Jerry Cabayog, the alleged gunman; Army Sgt. Rowie Barua, Estanislao Bismanos and Randy Grecia — pleaded not guilty to murder charges filed against them with Regional Trial Court Judge Francis Pulmones.

In an extra-judicial confession, Barua claimed that Montaner and Sabay hired his group to kill Esperat and paid them P120,000.

But in six-page counter-affidavit, subscribed with Cotabato City prosecutor Bansawan Ibrahim, Montaner said, "I have never, in my entire life, killed or ordered the killing of any person, much more, the late Marlene Esperat."

Montaner claimed that his uncle, Dr. Serapio Montaner, former Region 12 health officer, and his son-in-law, Dante Limbona, were themselves brutally murdered in 1998.

"But we never avenged their killings. Instead, we took the legal path of filing complaints against the perpetrators," he said.

He said Barua’s allegations are inadmissible as evidence.

"Barua never stated that I asked him to look for a hired killer to kill Ms. Esperat. He linked me to the crime by alleging that Ms. Sabay told him to look for a person to be hired to kill Esperat because Montaner (was) willing to pay a huge amount...," Montaner said in his counter-affidavit, a copy of which was obtained by The STAR.

"Since we were only implicated in this case (through the) extra-judicial confessions of Barua and Bismanos," Montaner said, "our innocence was virtually pronounced by them when they pleaded not guilty to the charges..."

For her part, Sabay said in her counter-affidavit, "I vehemently, truthfully and categorically (deny) the declarations of Sgt. Barua in his extra-judicial confession."

Sabay claimed that it was impossible for her to be involved in the killing, saying she was absent for several months prior to the incident since she had to attend seminars and that she got sick, contrary to Barua’s allegations that the slay plot was hatched in the DA regional office.

"Truthfully, there was no alleged conversation at all between Montaner and I about the receipt of subpoenas from the Ombudsman and the alleged case filed by Esperat against them as well as our plan to kill Esperat made in our office," she said.

Sabay added that being mature and responsible persons, "we can’t just talk about the commission of the heinous crime of murder in the presence of Barua..."

"It is even more untrue and unbelievable to hire Barua or to hire a killer for Esperat under that circumstances," she said.

Since Montaner and Sabay have submitted their counter-affidavits, Lazaro said his office will now study if there is a probable cause to include them in the pending murder case.

"But if there’s no ground or basis... then we will dismiss the case against the two DA officials," Lazaro said.

Esperat, a hard-hitting columnist of Midland Review, was gunned down inside her home in Tacurong City.