Joavan "victims" recant but fiscal to pursue case

CEBU - Circumstances made a complete turnaround as the supposed kidnap victims of Joavan Fernandez, the controversial son of Talisay City Mayor Socrates Fernandez, withdrew the criminal complaint they filed against him.

Cousins Osbert and Winston Abellana issued an affidavit of desistance the other day, saying they indeed stole the wheels of the mayor’s service vehicle, which was brought to their aunt’s vulcanizing shop for repair. This was reportedly the reason why Joavan got angry with them.

On August 11, 2008, Osbert and Winston filed a complaint for serious illegal detention, physical injuries, and grave threats against Joavan, alleging that the mayor’s son abducted, threatened and mauled them for allegedly stealing the wheel of his father’s service vehicle.

Mercidita Abellana, the owner of the vulcanizing shop, also dropped the robbery case she filed against Joavan through a separate affidavit of desistance.

She earlier alleged that Joavan took her TV and DVD player but in her affidavit, she said it was reportedly her nephew Osbert who took the appliances and gave them to Joavan.

But Talisay City prosecution chief Marshall Rubia said the filing of the affidavits of desistance would not stop the filing of the case in court, especially that the documents were not among the points Joavan raised in his motion for reconsideration of the prosecutor’s findings.

The prosecutor’s office found probable cause in the serious illegal detention charges and is set to elevate the case in court.

The alleged companions of Joavan during the incident, Benedict Gabasa, Mark Perez and three minors are now being detained at the Talisay City jail. — Brenda D. Batuto/JMO (THE FREEMAN)