Court won’t issue warrant against convicted fratman

The Regional Trial Court has denied the prosecution’s motion for the entry of judgment and the issuance of a warrant of arrest against a fraternity member who was earlier convicted in the killing of a college student mistaken to be a member of a rival fraternity.

Judge Bienvenido Saniel Jr. cited the principle of substantial justice in denying the prosecution’s motion that Anthony John Apura be arrested and start serving his conviction for killing Mark James Enriquez in 2005.

“Substantial justice should not be sacrificed in the altar of technicalities,” Saniel said.

The prosecution moved that Apura’s motion for reconsideration of his conviction on May 28 should not be given due course because of technicalities.

They argued that Apura’s motion for reconsideration and the setting for hearing violated the 10-day mandatory period.  The motion for reconsideration was filed on June 4 but they asked for it to be heard in the 15th which is beyond the 10-day period.

Apura however explained that it was not his fault neither the fault of his lawyer because they their motion was supposed to be filed on June 5, however, their messenger filed it in advance because he was not feeling well and he intend to take a rest on that day when he was instructed to file it.

Saniel gave credence to the explanation and allowed Apura’s motion to be heard in the interest of justice.

Apura was allegedly one of those who shot Enriquez dead at the Unibeersities Resto Bar along Archbishop Reyes Avenue after he was mistaken as a member of the Tau Gamma Phi fraternity.— Fred P. Languido/BRP