Mayor Sov denies hand: Three accusers of Joavan recant their statements

The three victims have recanted their accusations against Joavan-son of Mayor Socrates Fernandez-as the gunman in the August 29 shooting binge in Talisay City that also resulted in one fatality.

Mayor Fernandez yesterday presented, in a press conference, the affidavits of desistance of the three, Timoteo Aleo, Edmund Ong, and Carlos de la Calzada, but he denied having a hand in the withdrawal of their accusations against Joavan.

This sudden turn of events might free Joavan from any liability to the shootings that wounded the three men and killed another, but the mayor clarified he never influenced the victims to recant their accusations.

Aleo, a jeepney fare collector, was wounded while his jeepney driver Panfilo Barinque died after an assailant fired at them at sitio Maglasang in barangay Cansojong, Talisay City at dawn of August 29.

As the only eyewitness to the killing of Barinque, Aleo said he identified Joavan as the gunman and even filed a frustrated murder case against the latter. But last September 4 he signed an affidavit, before provincial prosecutor Napoleon Alburo, recanting his statements.

"When I signed the affidavit I was still in the state of shock and now that I am already in a stable condition I realized that I pointed to a wrong person which is the accused," Aleo said in his desistance, which effectively withdraws his charges against the mayor's son.

Aleo further stated: "...that out of Christian charity and pity to (Joavan) I therefore desist from pursuing the said complaint."

Eighteen-year-old Ong, who along with De la Calzada, was also wounded in the nape in another shooting in barangay Dumlog, about 20 minutes after the one in Cansojong.

Ong earlier filed a complaint against Joavan, who he also identified as the man who shot him and De la Calzada while standing near a burger stand. He said Joavan was with two other unidentified men who alighted from a car and fired at them without provocation.

Last September 28, however, Ong went to city prosecutor Marshall Rubia and filed his affidavit of desistance against Joavan. He said he is no longer interested to pursue the frustrated murder case, which is still under preliminary investigation at Rubia's office.

"I made peace with (Joavan) and that the full civil aspect of the instant proceedings has already been settled to my full satisfaction," said Ong in his affidavit.

De la Calzada, who was wounded in his abdomen and right thigh, did not file a case but last September 15 signed an affidavit, also at Alburo's office, denying it was Joavan who was the assailant.

Talisay police went to him at the hospital, De la Calzada said, and showed him Joavan's picture, for which he told them (Joavan) was not the gunman because he was "very familiar with the face and build of Joavan."

Even when he was later brought face to face with Joavan, he said he told the policemen that "Joavan was not the gunman."

Mayor Fernandez, for his part, denied his camp approached the three victims to influence them to recant their previous accusations against his son.

"Nipirma sila ug wa sila pugsa," Fernandez said, adding that he never even saw any of them, much more paid them to withdraw their charges. "That is their own conviction; their conscience can tell them what to do," said the mayor.

City Police director Romeo Perigo meanwhile said it is the prerogative of the accusers to recant their statements but there have been no technical problems on the part of the police that forced the victims to "wrongly" accuse Joavan.

"Huna-hunaon unta nila ang effort nga atong gibuhat but ila nang katungod," Perigo said after learning about the affidavits of desistance. "Katungod sa mga victims kun ipadayon ang kaso o dili pero way gamay sipyat ang police sa imbestigasyon," he said.

The police have been hunting down the two other unnamed assailants, supposedly to strengthen the case, but Perigo admitted that the victims' recantation of accusations had weakened it already.

"Kuha lang ta og other witnesses aron maka-stand ang kaso sa korte," Perigo said, adding that those witnesses they earlier approached were hesitant to help the police. - Liv G. Campo/RAE