Friday, March 28, 2008 Suspected killers dump lawyer, recant confession
TWO of the three persons accused in the robbery and killing of nursing student Ruby Jade Ruba yesterday recanted their earlier confession and dumped their lawyer.
Aivan Barabat and Mark Anthony Gabriel also accused members of the Criminal Investigation and Intelligence Bureau (CIIB) of mauling them.
The two were taken to court yesterday morning for their arraignment. The charges against them, however, were never read. Barabat and Gabriel dumped their assigned defender – Public Attorney Al Ray Ouano – and told the court that they wanted to hire a private lawyer instead.
Judge Ramon Daomilas, who presides over Branch 11 of the Regional Trial Court (RTC) in Cebu City, has given them 15 days to hire one.
Surprised
Ouano, in an interview, said changing lawyers is a prerogative of the two respondents. He admitted, however, that the move surprised him because prior to the case being called, he had spoken to the two and were told that they would be entering a not guilty plea.
“They didn’t tell me before hand,” he said.
The move to enter a plea of not guilty means that the two are recanting the confession that they gave the police after their arrest. While there were reports that the two claimed they were coerced into giving the statement, Ouano said this wasn’t among the things he and the two respondents had discussed.
Barabat and Gabriel confessed to the March 6 killing of Ruba. They were committed to the Cebu City Jail last March 10 after they were charged with the non-bailable crime of robbery with homicide. Gabriel faces a second robbery case for the March 9 armed robbery of Paulina Dignos Paras along Acasia and Escario streets.
A third suspect, Karl Marx Carticiano, is separately charged for the robbery and homicide. He didn’t admit to the charge.
Admission
According to Barabat and Gabriel, they were with Carticiano, and were even riding his blue Suzuki motorcycle when they passed Ruba along Escario and Gov. Roa Sts. They said it was Carticiano who decided to make the hit and, in their affidavits, quoted him as saying, “daugon ta ni.” Barabat and Gabriel said this meant they’ll rob or snatch the cell phone.
“I shot her twice and thereafter I rode…the motorcycle driven by Karl Marx and sped/fled towards Cebu Doctors and then proceeded to Escario St. Then we went back to B. Rodriguez St., Cebu City, particularly in Sitio Kawayan,” Barabat said in his affidavit.
He said they stayed there for a while before going back to Kalunasan where they sold the phone for P3,000.
At the Cebu City Police Office, CCPO Director Patrocinio Comendador described the recantation of the two suspected gang members as mere alibis.
He said the two suspects confessed carrying out the crime during investigations and in interviews with the media.
Comendador also denied the claims of Barabat and Gabriel that they were mauled by police operatives. He said both Barabat and Gabriel underwent medical examination before they were committed to the Cebu City Jail.
CIIB Chief George Ylanan said that even with the recantation, there are witnesses who identified them as responsible for the robbery and killing of Ruba. (KNR with JST)
