CEBU, Philippines – A vulcanizing shop attendant who accused Joavan Fernandez and five of his friends of serious illegal detention and physical injuries yesterday took the witness stand as the court resumed trial on the merits of the case.
Osbert Abellana took the stand and pointed to Joavan, the adopted son of Talisay City Mayor Socrates Fernandez, and three of his co-accused one-by-one as he narrated before Regional Trial Court Branch 22 judge Manuel Patalinghug how the accused terrorized him, his father Oscar and his cousin Winston because of a missing spare tire.
Osbert said that at past midnight of August 11, 2008 he was tending to the vulcanizing shop of his uncle, Jimmy Abellana, in barangay Tabunok Talisay City when Joavan and one companion arrived on board a multicab asking for his uncle.
Since Jimmy was not around, Osbert said Joavan kicked him twice in the right side of his hip. Osbert said he did not fight back as he was too afraid.
Osbert told the court that Joavan asked him if he was alone in the vulcanizing shop. He said he told Joavan that his father and his cousin were already sleeping. Joavan allegedly ordered him to wake up Winston which he did.
Joavan and his companion took Winston with them. Osbert said after Joavan left the shop together with Winston he immediately closed the shop for fear that Joavan will come back.
Later Joavan, together with Teodoro Legaray, Benedict Gabasa, Mark Perez, Univer Singson and a minor did return to the shop.
Osbert said Joavan’s group forcibly opened the door of the shop while he and his father hid themselves up the roof. However, the minor companion of Joavan climbed to where they were and pointed them out.
According to Osbert, Joavan pointed a gun at him first, then at his father when he warned his son.
Osbert said that his father was pleading for mercy and begging Joavan not to hurt them. Joavan allegedly forced them to board the multicab at gunpoint.
As soon as they told the accused that they will go with them, Joavan reportedly stopped pointing his gun at them and placed it inside the multicab. However, Osbert said his father ran off, leaving him behind because Legaray was able to grab him before he could run.
Osbert said Joavan brought him to his house in Bulacao where his cousin Winston was first brought. Osbert said when he arrived at Joavan’s house he saw his cousin bloodied and tied to a post.
Osbert said he was also handcuffed and mauled by all of the accused. They were however rescued later by the responding policemen.
Osbert and his father filed a case for serious illegal detention with physical injuries against Joavan and his friends but his cousin withdrew his complaint. – Fred P. Languido/BRP (THE FREEMAN)