Wednesday, September 03, 2008 ‘I rescued two shop boys’
JOAVAN Fernandez was not the vicious attacker but rather a savior of the two manhandled vulcanizing shop laborers, or so his affidavit says.
Had he and his five co-accused mauled Abellana cousins Winston and Osbert, they would have been beaten to a pulp and not survived the assault, read his 11-page affidavit prepared by lawyer George Bragat. The document was submitted to the Talisay City Prosecutor’s Office Monday afternoon.
Joavan said he hit Winston only once, using the back of his right hand, immediately after he intervened and stopped his neighbors from attacking Winston.
He accused Winston, 18, for running away from him while he was inquiring about the missing spare tire of his father’s service vehicle.
He said his neighbors mistook Winston for a thief after he tried to flee while he (Joavan) was asking him about the spare tire.
“It’s your fault why you ran away,” said Joavan, who lives on Sitio 8th St., Lower Mansueto, Bara-ngay Bulacao, Talisay City.
Mayor Socrates Fernandez, his father, had the spare tire of his Toyota Revo, a government-issued vehicle, patched at the vulcanizing shop of the victims’ aunt, Mercedita Abellana, in Barangay Tabunok.
Furious
Joavan got furious after learning that the tire was not stolen by someone else but was allegedly sold by the cousins in Barangay Basak, Cebu City.
Aboard his red Isuzu Trooper Bighorn, Joavan reportedly took Winston first to his place past midnight last Aug. 11. Minutes later, Joavan returned to the shop, this time
on board a sky blue Multicab, and grabbed Osbert.
But Joavan said the Abellana cousins were not taken forcibly from the shop because “they came with me voluntarily one after the other.”
Attached to Joavan’s counter-statement were the individual affidavits of his five co-respondents and a certain Maya Mabunay, all Joavan’s neighbors.
They all cleared Joavan of the allegation that he led the assault, saying the mayor’s adopted son saved Winston from further harm after the residents mistook him for a thief.
Joavan reportedly intervened, pacified and ordered to stop mauling the victim.
Moments later, Joavan reportedly left the place and came back with Osbert. Policemen and tanods also arrived and arrested Joavan’s five co-respondents, who are now facing two counts of serious illegal detention, grave threats and physical injuries.
Their affidavits run counter to the earlier statement of a 17-year-old teenager, who confessed to have taken part in beating up the Abellanas.
Pistol
The youngster told reporters at the city prosecutors’ office that it was Joavan who instigated the attack. He also confirmed that Joavan had a firearm that looked like a machine pistol.
The affidavit of Joavan also assailed the statements of Winston and Osbert, describing these as uncorroborated and self-serving just to press criminal charges against him.
First, he denied that he lives in Southgate Subdivision, Bulacao as stated in the victim’s affidavit. He clarified that the missing spare tire was not his but a government item.
Joavan also said that the Aug. 11 police blotter did not mention any report of slapping and punching, as well as any threat that the victims would be summarily executed.
At this, Joavan asked Prosecutor Jenelyn Forrosuelo to dismiss the criminal charges against him. (GC)
