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Wednesday, October 11, 2006
Pinoy partner, gunman 'guilty' in Japanese ambush
By Katrina N. Tabanao
Correspondent
CEBU CITY -- The Filipino business partner of the Japanese national killed in an ambush last September 21, 2001 in Banilad, Cebu City was found guilty of murder.
Norbert Antiquando, together with Allan Inot, Alex Oyao and Claudio Bontilao, were sentenced to suffer the penalty of reclusion perpetua or 20 to 40 years in prison for the death of Masayuki Kuwabara, 70.
They were also ordered to pay the family of Kuwabara P50,000 as civil indemnity, P50,000 as moral damages and P25,000 as actual damages representing burial expenses.
Only Inot, who was tagged as the triggerman, was found guilty of frustrated murder for the attempt on the life Yoshiaki Miwa, the technical assistant and former business partner of Kuwabara.
He was sentenced to eight to 14 years in jail but was not ordered to pay damages to Miwa because Japanese did not present receipts of expenses. The court deemed Miwa to have waived claims for damages.
After hearing of their conviction, Antiquando who was identified as the mastermind, collapsed.
He denied having a hand in the crime.
In a TV interview, Antiquando said that he was just tortured to admit his involvement.
"Gikulata rako og maayo ana, ipa-angkon nako. Ipada man gani unta ko sa Crame (I was tortured to admit the crime. I was even threatened that I will be taken to Camp Crame), Antiquando said.
Regional Trial Court Judge Olegario Sarmiento Jr., in his 15-page decision, gave credence to the testimony of eyewitness Randy Mangubat, who identified Inot as the gunman and Bontilao as the driver of the getaway vehicle.
The court also gave weight to the recorded radio interview of Inot and Antiquando over dySS were they admitted to the crime.
The confession, even if oral, is admissible as evidence especially because it was made in a media interview a day after the fatal ambush, Sarmiento said.
"It cannot be said that such confession was extracted by means of violence or intimidation upon the person of the accused. This court ventures to say that the confession made is voluntary" the decision read.
Antiquando had revealed that he planned the ambush of Kuwabara because of their disagreements over their business.
Antiquando was the owner of Jeff Multihandicraft where Kuwabara ordered decorative fiberglass products for shipment to Japan.
Kuwabara owned Art Hawkstone Co. Ltd., a construction firm, in Nagoya, Japan.
The admission of Antiquando led to the arrest of his co-conspirators.
Defense lawyer Noel Archival said they will file a motion for reconsideration and a motion for inhibition against Judge Sarmiento.
"We will question the admissibility of the tape as evidence. This has not been established," Archival said.
Both Antiquando and Inot, in an interview with reporter Earl Rallos and broadcaster Bobby Nalzaro, owned up to the fatal ambush.
Inot had said he was used by Antiquando in his plan to kill Kuwabara and Miwa.
Kuwabara and Miwa were attacked in front of a mall in Banilad, Cebu City.
Kuwabara died on the spot after a bullet from a .45 pistol tore through his cheek and exited through his left ear.
His agent and former business partner Yoshiaki Miwa, 42, was also wounded in the face but survived the attack.
On the day of the attack, Kuwabara was to go to Antiquando's office to ship $3,709 worth of decorative fiberglass products to Japan.
They were in the double-cab green Tamaraw (GED 249) of Antiquando who was driving at that time.
Kuwabara was Antiquando's client for seven months and it was their arrangement that he (Antiquando) will fetch the Japanese from the hotel.
Antiquando was the one who brought the two Japanese to Gullas Hospital, a few hundred meters from the crime scene. (Sun.Star Cebu)
(October 11, 2006 issue)
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