The court dismissed the robbery charges filed against Joavan Fernandez after two prosecution witnesses failed to attend a couple of hearings.
In an order dated July 20, Regional Trial Court Judge Gilbert Moises of Branch 18 granted the request of defense lawyer George Bragat to junk the case, invoking the constitutional right of the accused for “speedy trial.”
When the case was called last week, prosecution witnesses Felix Pardillo and Darwin Homicillo didn’t appear in court.
Prosecutor William Canta explained to the court that he exerted “earnest effort” but failed to locate the witnesses.
The defense counsel earlier moved to dismiss the charges after the complainant Raymund Paran executed an affidavit of desistance.
Although Paran opted to back off from the case against Joavan, the judge opted to go on hearing the case.
The judge, however, ruled to dismiss the case since prosecution witnesses are not appearing during trials.
Last Dec. 15, Joavan allegedly fired a gun at Paran after he refused to pay for two bottles of Coke Litro in the cooperative store in Vista Grande Subdivision, Talisay City.
Paran told police that Joavan dropped by on board a red Kia Sportage and indicated that he wanted to buy Coke.
Paran claimed that the mayor’s son didn’t pay for the two Coke bottles that he gave him but pointed a gun at the attendant saying, “Unsa man ka, pamasaker ka (Do you want to be massacred)?”
Paran said a shot was fired near him, catching him by surprise. He said he was scared that he allowed Joavan to leave without paying for the two bottles of Coke Litro.
Paran, however, executed an affidavit of desistance to withdraw the charges against Joavan after they claimed to have amicably settled the issues./REPORTER ADOR VINCENT S. MAYOL