Shooting points to flawed system
Corruption in the country’s justice system — and even the perception of graft — should be exposed so that the deaths of Dr. Rene Rafols and lawyer Jubian Achas would not be in vain.
This challenge was posed by Associate Justice Gabriel Ingles of the Court of Appeals in Cebu City after the Jan. 22 courthouse shootings in the Palace of Justice.
“If we reflect on what contributed to the murder of these innocent victims, we can say that the criminal justice system is not without fault. When you have a litigant who is mentally imbalanced, frustration will lead to murder,” Ingles said.
He spoke Thursday night in a dinner at the Baseline Restaurant after the 9th day novena prayers for the two shooting victims attended by family, relatives and friends from the legal and medical profession.
Ingles challenged lawyers and citizens to respond to corruption with the code DEO – “document it if it’s possible, expose it without fear, and oppose it.”
Ingles noted that in the case of the shooter, Canadian John Pope labored under the impression that he was not getting a fair deal from the police, prosecutors and government agencies in the slew of criminal cases filed against him by Rafols, a surgeon whom he tangled with when they were neighbors in a condominium.
The justice described Achas and Rafols as “good men” committed to public service. Rafols was known for his charity work with children who couldn’t afford operations.
“They translated their belief in God by their action of loving their neighbors. Because that is the only way we can be calling ourselves real Christians,” Ingles said.
“While their murders cannot be justified, we have to look at the cause in order that we can recognize what the problem is so we could have the solution to that problem,” he added
“If we do not do anything about this, we can be the next victim. And so I told the lawyers, if we who are in the legal profession do nothing about this and remain silent, we become part of the problem, not the solution,” Ingles said.
Ingles said he knew Achas as a volunteer of the Cebu-Citizens Involvement and Maturation in People’s Empowerment and Liberation Foundation Inc. (C-Cimpel), a group advocating clean elections and good governance.
“The officers of the law organization should take the lead and even those who are not lawyers, we ask you to approach us if you have been victims of corruptions in the judiciary. That is how we can serve best the memory of these two good men,” Ingles said.
Achas and Rafols were shot dead at close range by Pope inside the courtroom of the Municipal Trial Court in Cities (MTCC) Branch 6. Pope also shot Asst. City Prosecutor Ma. Theresa Casiño who was on her way to MTCC Branch 1.
The prosecutor survived the attack and is presently recuperating in the hospital.
Pope was shot by responding police in the leg and arm but was able to fire his gun at his right temple, killing himself.
Before Pope went on a shooting rampage in the Palace of Justice, he wrote extensively about his frustrations with the police, several prosecutors and Dr. Rafols in his journal “Justice Denied” which he sent to local media outlets.
He accused prosecutors of being zealous about convicting him.
At the time of his death, Pope was the subject of an order of deportation by the Bureau of Immigration because of his string of criminal cases for – five counts of malicious mischief, grave threat and illegal possession of firearm.
After shooting dead Rafols and his lawyer, who were at the court house for an 8:30 a.m. hearing of a case against Pope, the Canadian went downstairs looking for other prosecutors like Cebu City Prosecutor Nicolas Sellon and Asst. City Prosecutor Oscar Capacio. Fortunately, the two men had not yet reported to the office.
