Judge Arles' slay suspect retracts, claims torture

BACOLOD CITY, Philippines — One of the suspects in the murder of Kabankalan City Judge Henry Arles has retracted his statements he allegedly made with the NBI, claiming instead that he was tortured into admitting the crime.

Eddie Fortunado, 24, during a summary hearing at Regional Trial Court Branch 42 in Bacolod last Wednesday (Aug. 22), denied participation to the crime, and claimed he was tortured by Philip Arles, the judge’s son, in the presence of lawyer Frank Britanico, spokesperson of the Arles family.

“I was electrocuted by Philip Arles. He whipped my testicles and covered my head with a wet plastic bag,” he said, and then asked the court to help him. He alleged that he was arrested by NBI-Bacolod operatives without an arrest warrant on June 27 in Binalbagan, was brought to NBI-Bacolod and later to NBI headquarters in Manila.

Fortunado also denied seeking protective custody with the NBI, debunking earlier claims of NBI-Bacolod head Ferdinand Lavin that he, along with suspects Jessie Daguia and Vincent Capunong, was detained at NBI in Manila since last week of June because they sought protective custody in writing.

NBI Bacolod head Ferdinand Lavin earlier said Fortunado, along with Jessie Daguia and Vincent Capunong, have been detained at the NBI headquarters in Manila since last week of June because they sought protective custody in writing.

“The truth Sir, is I did not ask for protective custody,” Fortunado told Judge Fernando Elumba in the dialect. He alleged that Britanico, who is Philip’s uncle, gave him a piece of paper and pen and told him to write what he will dictate. He added that he was made to write to Lavin, stating that he is surrendering voluntarilybecause he has knowledge about the killing of Judge Arles. “I refused to sign but he said that if I will not sign, he will electrocute me,” he said further.

Lavin, who was also at the hearing, accused Fortunado of lying. “He’s lying. I don’t believe his torture stories,” he told reporters, insisting that based on a recorded interview in the presence of some reporters, Fortunado admitted that he was with co-accused Marvin Salve when the latter met with Ilog Mayor John Paul Alvarez who allegedly ordered the killing of Arles.

According to Lavin, Fortunado also admitted that, on the night Arles was murdered, he was with Salve on the tricycle, driven by Capunong, that blocked the judge’s car. Jessie Daguia, who was riding in a motorcycle driven by Gerald Tabujara, allegedly fired the first three shots that killed the judge, while Tabujara also fired a shot, Fortunado allegedly said in his sworn statements at the NBI.

Fortunado had confessed to be a member of the RPA-ABB, and that he recognized Alvarez from his campaign posters and calendars, Lavin said.

Fortunado, who was wearing a bullet-proof vest at yesterday’s hearing, was flown in by the NBI from Manila, to show him alive to the court as ordered by Elumba for the hearing of a petition for Writ of Amparo, filed by the suspect’s mother, Tessa Fortunado, against NBI director Nonnatus Caesar Rojas, Lavin, and NBI agents Syrus Aluzan and Modesto Orestes Cajita.

Elumba granted the petition on August 9, and ordered the NBI to “produce the living body of Fortunado and to explain why he is being restrained of his liberty and as well as why torture is being inflicted on his person, and to produce all documents that may have been signed by Fortunado during his confinement under the custody of NBI.”

Lavin said the NBI will show to the court in the next hearing, set on Sept. 13 and 14, their documents to show that Fortunado requested for protective custody. He said it was expected of the suspect to withdraw or dishonor his statements, but he refused to comment on what might be the reason behind it.

He also debunked Fortunado’s claims that Britanico and Arles introduced themselves to him when they allegedly tortured him. “If you were Britanico and Philip, in your right mind magpapakilala ka? (would you introduce yourself?),” Lavin said.

Lavin said they have immediately flown Fortunado back to Manila at 6 p.m. of Wednesday, and the suspect will be in their custody until the suspect issues another written note that he does not want to seek protective custody anymore.

“We’re holding on to him because we have that piece of evidence he signed in the presence of his lawyer, Anna Marie Palermo, that he is seeking protective custody,” he said, adding that both Arles and Britanico have been going to the NBI-Bacolod office while the three were detained there.

Britanico meanwhile said the retraction of Fortunado could be against his (Fortunado) own interest. “In this particular case, the evidence against him is conclusive and it can stand on its own,” Britanico said. - THE FREEMAN