Joavan enters not guilty plea

Cebu’s public enemy no. 1, Joavan Fernandez, yesterday pleaded not guilty to charges of illegal possession of firearms and explosive and of violating the election gun ban.

Clad in an orange detainee’s shirt, the controversial son of Talisay City Mayor Socrates Fernandez appeared calm and would smile from time to time during his arraignment before Judge Soliver Peras, presiding judge of the Cebu City Regional Trial Court Branch 10.

He stood before the judge while the court’s clerk read the charges aloud.

Mayor Fernandez, sat a few meters away from him while the proceedings went on.

Joavan, escorted by jail guards armed with automatic rifles, arrived at the Palace of Justice at half past 8 a.m. While his case was the first in the docket, the court decided to hear the other cases lined up as Joavan’s lawyer, Paulino Labrado, was nowhere to be found. His case was finally called at nearly 11 a.m.

Addressing the court, Joavan said his family decided to retain the services of lawyer George Bragat.

‘CONFUSED’

“I’m confused, Mr. Accused. Attorney Labrado secured copies of this court’s order and information. His staff informed the clerk of court that they will file a notice of appearance today and now you’ll inform this court that your counsel is Attorney Bragat,” the judge asked Joavan.

In response, Joavan said he had personally talked to Bragat whom he wanted to represent him during the trial. But since Bragat failed to appear in court, the judge appointed lawyers Gina Claurus-Sumbe and Jiecel Tiu, who were waiting inside the courtroom for their cases to assist Joavan in entering his plea in his arraignment.

The court set the preliminary conference on June 11 and the pre-trial conference on June 18.

In an interview after the proceedings, Joavan reiterated to reporters that Bragat will represent him in court.

Mayor Fernandez, on the other hand, refused to be interviewed.

The charges against Joavan stemmed from his arrest on May 6 where a 9mm pistol with four bullets and a grenade were seized from him. Joavan was arrested outside the mayor’s house in barangay Bulacao, Talisay City by virtue of a bench warrant for skipping his scheduled arraignment in a previous case of physical injuries He bolted from the Talisay City Jail two days after the arrest.

Joavan was recaptured last May 20 in a beach resort in barangay Saavedra, Moalboal town. Police said they found a .45 caliber pistol with five rounds of ammunition in Joavan’s possession.

Joavan, in an earlier interview, said he wanted Labrado to defend him in court. But he later changed his mind and opted for Bragat who was his counsel in an illegal detention case in 2008.