Says he was tortured to link Arnie Teves
ONE of the suspects in the murder of Negros Oriental governor Roel Degamo yesterday recanted his supposed confession that he was part of the March 4 killing and withdrew his allegation naming Negros Oriental Rep. Arnolfo Teves Jr. as the mastermind of the assassination.
The recantation of Jhudiel Rivero, aka Osmundo Rivero, was contained in a five-page counter-affidavit which his legal counsel, lawyer Harold Montalbo, submitted to the Department of Justice (DOJ) on Monday.
Rivero was the fourth suspect to be arrested in the Degamo murder. He was a former soldier from Zamboanga City who later became a taxi driver.
Montalbo said the counter-affidavit contained Rivero’s denial of his supposed participation in the assassination, which was narrated in three separate affidavits prepared by the police.
“Bale ni-recant na po ni Mr. Osmundo Rivero ang lahat ng kanyang mga sinalaysay na siya ay kasama sa mga, isa sa mga suspek sa pagpatay at isa rin sa mga nag-plano at isa sa mga kasama ng tatlo pa naming kliyente dito sa aming law firm (Mr. Osmundo Rivero has recanted his earlier statements that he was one of the those who participated in the killing [of Gov. Degamo] and was one of those who planned the killing together, with three other clients who are also being represented by our law firm),” Montalbo told reporters after meeting with the panel of DOJ prosecutors investigating the Degamo slay.
Montalbo also alleged Rivero was tortured by the police who arrested him into identifying Teves as the brains behind the killing of the governor.
He also said Rivero’s counsel from the Public Attorney’s Office (PAO) ordered him just to cooperate the cops and promised him that he would be admitted to the government’s Witness Protection Program (WPP) if he followed their instructions.
PNP chief Gen. Benjamin Acorda Jr declined to comment on Rivero’s allegations against the Negros Oriental police.
“I don’t want to comment as of now so as not to preempt any part of the investigation. I might be misquoted or cause some negative effect on the investigation. I beg for your pardon. Let the investigation take its course,” said Acorda.
Lawyer Jason Bandal, the PAO lawyer assigned to Rivero, denied his allegations. “There is no truth to it. I am not worried at all because I’m sure I have done everything right,” Bandal said.
Justice Secretary Jesus Crispin Remulla has yet to give a statement on Rivero’s recantation.
FALL GUY?
Montalbo said his client Rivero was “tortured” by the arresting team to point at Teves Jr. and his former bodyguard Marvin Miranda as the brains behind the assassination.
In the five-page counter-affidavit given to the media by Montalbo, Rivero narrated that a day after Degamo was killed, he flagged down a police vehicle in Bayawan City in Negros Oriental to report that his motor bike was missing.
Rivero said he was made to ride the police vehicle and was brought to the Provincial Intelligence Unit headquarters, where he was informed that he was under investigation after three suspects earlier arrested as among those who killed the governor supposedly fingered him as one of their cohorts.
While being questioned by the police, he said he was tortured and ordered to pinpoint Teves as the mastermind, under pain of bringing harm to his family if he did not cooperate.
“Tinortyur po ako. Sinoffucate din ako sa pamamagitan ng pagpasok sa plastic bag ng aking ulo at gumamit sila ng alambre upang sakalin ako (I was tortured. They suffocated me by putting a plastic bag on my head. They also used a wire to smother me),” Rivero’s counter-affidavit read.
He also alleged the police officers took turns in kicking him, while threatening him that his family will be in danger if he did not point to Teves as the one who ordered the hit on Degamo.
He said he acceded to the policemen’s wishes for fear that his wife and children will be killed.
“Sumunod na lamang ako sa kanilang gusto kahit na ang totoo ay hindi ko kailanman nakita o naka-usap si Cong. Teves, Hindi ko rin siya kilala (I just obeyed them even if I have not seen or talked to Cong. Teves ever. I even do not know him [Teves]),” he said, adding his wife and children were supposedly picked up by men whom he did not identify. He said he does not know their whereabouts until today.
Rivero also said his PAO lawyer told him to just name Teves “upang hindi ako lalo pang maskatan (so that I won’t be hurt any further).”
Rivero said he was surprised when he was presented in court for inquest on March 8 even though he has nothing to do with the crime.
He said he executed three affidavits — dated March 8, and 9, and April 3 — which contained what he allegedly knew of the assassination of the governor on orders of Teves.
To attest the veracity of his allegations that he was just forced, Rivero said the signature affixed in his affidavit dated March 9 and April 3 was not his and that his signature was different from the signatures on his earlier affidavits.
Rivero said there was also no truth to what he earlier said that he knew Miranda and that he identified Teves through a gallery presented by the police.
“Hindi rin totoo na alam ko ang naging pagpa-plano sa pagpatay kay Gov. Degamo at hindi rin totoo na pamilyar sa akin ang mga ginamit na baril at kasuotan dahil kailanman ay hindi ko ito nagamit o nakita (It is not true that I knew of the plan to kill Gov. Degamo and it is also not true that the guns and uniforms used were familiar to me as I have never seen them before),” he said.
Rivero said he executed the counter-affidavit on his own and that no one influenced him to do so as he knew well that this can be used against him in court.
He said his legal counsel has explained to him that what he allegedly went through were against the provisions of the Constitution since he was still a “person under investigation for the commission of an offense.”
Montalbo said his client was not accorded his basic rights when he reportedly confessed to what he knew of the killing.
“Hindi po siya na assist ng isang abogado nung panahon na siya ay pinapirma sa mga dokumento. Pangalawa, hindi siya binigayn ng right to be heard kaya ngayon nilalakad po namin ito sa pamamagitan ng pagpapa-open ng bagong imbestigasyon (He was not assisted by a lawyer the time he was made to sign documents. Second, he was not given the right to be heard that’s why we are now asking to open a new investigation),” Montalbo said.
Last week, Remulla said some of the arrested suspects in the murder case have started to clam up after they were provided with legal counsels “by some people who are paying for their lawyers who were not there before.”
Remulla said there seems to be a conspiracy by people “with a lot of money” to provide the suspects with legal counsels.
The NBI has formally filed 10 counts of murder and 14 counts of frustrated murder against Teves and five others last May 17.
Aside from Teves, also charged were Marvin Miranda, Rogelio Antipolo, Romel Pattaguan, Winrich Isturis, John Louie Gonyon, Dahniel Lora, and Eulogio Gonyon Jr.
Teves has fled the country four days before the assassination of Degamo and has yet to return to the country. He has been suspended by the House of Representatives for failure to comply with their return order after his travel order lapsed.
Remulla has said that Teves applied for political asylum in East Timor but was rejected by the foreign government. — With Victor Reyes
