Tuesday, November 04, 2008 Judge dismisses Joavan move to determine probable cause
FOR now, nothing stands to delay the trial of Joavan, son of Talisay City Mayor Socrates Fernandez.
That, after Regional Trial Court judge Manuel Patalinghug dismissed Joavan’s motion asking the court to determine probable cause against him.
Joavan’s arraignment last Oct. 23 had rendered his motion moot, Pata-linghug said.
Plea
An arraignment proceeding is when the accused enters a plea of “guilty” or “not guilty” before a judge. Once the accused is arraigned, the court acquires jurisdiction over him.
Joavan pleaded “not guilty” to two counts of serious illegal detention last Oct. 23.
The case is for allegedly mauling and detaining two shop boys.
Before the arraignment, Joavan’s lawyer, George Bragat, submitted a motion for the judicial determination of probable cause.
Talisay City prosecutor William Canta objected to this, calling it moot.
In his order, Patalinghug agreed. He explained that when Bragat said Joavan was “ready for arraignment”, that rendered the motion for judicial determination of probable cause moot.
The preliminary conference for the case will proceed on Nov. 27.
No bail
Accused along with Joavan were Benedeck Gabasa, Mark Perez, Teodoro Ligaray and two minors. They all pleaded “not guilty” to the accusation that they connived in mauling and detaining cousins Winston and Osbert Abellana, aged 18 and 21, respectively.
No bail was set for the charges against Joavan.
Winston and Osbert worked at the vulcanizing shop owned by Winston’s mother, Mercedita. Mercedita earlier filed a complaint of robbery against Joavan but desisted from pursuing it.
Winston also withdrew his complaint, but his name was still included as among the complainants in the charges of serious illegal detention against Joavan.
Patalinghug earlier said that Winston’s desistance will be discussed in the course of the hearing.
Osbert, for his part, sought state protection under the Department of Justice Witness Protection Program, along with his father, Oscar. (KAB)
