So far, Revolutionary Proletarian Army-Alex Boncayao Brigade member Eddie Fortunado, one of the suspects in the murder of Judge Henry Arles has not retracted his admission that he had participated in the crime, lawyer Frank Britancio said yesterday.

Britanico, the brother-in-law of Arles, said it is to the best interest of Fortunado to turn state witness because even if he retracts, they have his recorded testimony and statements of witnesses that will still pin him to the crime.

“The evidence against Fortunado is conclusive, it can stand on its own,” he said.

Fortunado is expected to be presented by the National Bureau of Investigation to Bacolod Regional Trial Court Branch 42 Judge Fernando Elumba this afternoon, in compliance with the order of the court.

The judge was acting on a petition for a Writ of Amparo filed by Fortunado’s mother, Tessa.

Fortunado, along with Ilog Mayor John Paul Alvarez, a municipal employee and four other RPA-ABB members, has been charged before the Department of Justice for the murder of Arles in Ilog town on April 24.

He is also facing a separate complaint for illegal possession of a firearm before the Bacolod Prosecutor’s Office.

In her petition his mother asked the court to order NBI officials to produce her son, and to explain why he is being deprived of his liberty, and tortured.

Britanoico said a Writ of Amparo is for extra judicial killing or enforced disappearance cases, which does not apply to Fortunado.

It is no secret that Fortunado is in the custody of the NBI in Manila and can be visited by relatives, so he has not disappeared, Britanico pointed out.

In fact it is in the best interest of Fortunado, who has sought government protective custody, to stay with the NBI to ensure that he is secured from reprisal from his co-accused who are still at-large or the mastermind in the Arles killing, Britanico has said.

“If I were Fortunado’s lawyer, I would keep his options open,” Britanico said.

Fortunado, 23, of Barangay Tampalon, Kabankalan, said in a media interview that he has been a member of the RPA-ABB for less than a year, and was with co-accused Marvin Salve when the latter met with Mayor Alvarez and he later learned that the judge was to be assassinated.

He said he knew Alvarez from his campaign posters and calendars.

On the night the judge was murdered, he said he was on the tricycle that blocked Arles’ car.

Meanwhile, Britanico said they expect the DOJ subpoenas on the accused in the Arles case to be released before the end of the month.

Britanico charged that maneuverings and diversionary tactics, which are attempts to muddle of the issues in the Arles case, are being undertaken by the Alvarez-RPA-ABB tandem.*CPG

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