Cebu Daily News / Metro

http://globalnation.inquirer.net/cebudailynews/metro/view_article.php?article_id=213301

PROSECUTORS ASK PROSECUTORS ASK : ‘Put Joavan back in jail, judge to inhibit’ By Ador Vincent Mayol Cebu Daily News Posted date: July 01, 2009 The prosecution team in Joavan Fernandez’s serious illegal detention case is seeking for the reversal of a court order that freed the adopted son of Talisay City mayor Socrates Fernandez. The prosecution team also asked Regional Trial Court Judge Manuel Patalinghug of Branch 22 to inhibit from handling the case. Talisay City Prosecutor Marshall Rubia said the judge showed his preconceived notion of the outcome of the charges against Joavan when he ordered his release. “Though there are inconsistencies in the testimonies of the witnesses, those didn't affect what we tried to establish: existence of the crime,” Rubia told . Rubia's sentiment was shared by Assistant City Prosecutor Benjo Luther Macion, who represented the prosecution during court trials. “We fear that Joavan and his companions will be acquitted. We feel that Judge Patalinghug's order is wrong and that the honorable judge failed to appreciate our contentions,” Macion said. Joavan was released from jail on June 18 after he posted a bail of P200,000 for two counts of serious illegal detention filed against him and his five companions by cousins Winston and Osbert Abellana. The court granted the motion for bail on the grounds that the prosecution presented weak evidence. Joavan together with five companions were charged for allegedly mauling and detaining cousins Winston and Osbert Abellana on August 11 inside Joavan's house in Talisay City.