Lawyer warns vs transfer of Ivler to regular jail

MANILA, Philippines - The lawyer of road rage murder suspect Jason Ivler yesterday warned the Ebarle family against insisting on transferring him to a regular jail with his medical condition.

With the pronouncement of the counsel of the Ebarle family, lawyer Romeo Alcantara, that they would want a private doctor examine Ivler, the suspect’s counsel Alexis Medina said such doctor could be held liable if something happens to Ivler once transferred to the Quezon City Jail. “We will sue for medical malpractice if that happens,” Medina said in an interview.

“If any medical expert recommends to transfer him (Ivler) to jail and expose him to dangers to his life and health and something (bad) happens to him, that would be tantamount to irresponsible medical practice,” Ivler’s lawyer said.

During Tuesday’s arraignment, Ivler – who faces murder charges for allegedly killing Renato Victor Ebarle Jr. during a road rage incident on Nov. 18 last year – pleaded not guilty. He has been confined at the Quirino Memorial Medical Center since he was arrested and injured after he shot it out with arresting National Bureau of Investigation agents on Jan. 18.

Quezon City Regional Trial Court Branch 76 Presiding Judge Alexander Balut ruled that Ivler would stay at the hospital until he fully recovered after attending physician Dr. Romeo Abary said the suspect still needed special medical care, citing an open wound and two tension sutures.

Alcantara, who had objected to Ivler’s continued stay at the hospital, told reporters of their intention to file a motion for them to have their own private lawyer examine Ivler, saying: “We are afraid that the accused is just acting (sick).”

Sought for comment yesterday, Medina said they would be ready to comment on the motion set to be filed by the Ebarle camp. He said: “Any move to transfer him to the Quezon City Jail at this time given his physical condition, when he is in extreme pain and too weak to walk around, would be nothing short of torture. Its purpose is just to aggravate the pain of Mr. Ivler.” Medina warned against “persecuting (Ivler) even before conviction” and “punishing him before trial.” He said: “I appeal to all parties not to be blinded by any desire for vengeance.”

Medina said the important thing was for his client to fully recover to be able to stand trial. He said the trial could even be delayed if something bad happens to Ivler.

Meanwhile, Presiding Judge Augustus Diaz of the Quezon City Metropolitan Trial Court Branch 37 has granted the motion of the mother of Ivler, Marlene Aguilar-Pollard, for a preliminary investigation, bringing back the obstruction of justice case against her to the prosecutor.

Aguilar-Pollard was charged with obstruction of justice after the NBI accused her of allegedly coddling her son when Ivler was arrested right inside her house in Blue Ridge A Subdivision.

“Our motion was granted. Now the case will be returned to the Office of the (City) Prosecutor,” said Aguilar-Pollard’s counsel, lawyer Mitzhell Magdaong. According to Magdaong, they had cited due process in filing the motion for a preliminary investigation.