QC judge withdraws from Ivler case

After repeated request from the prosecution, a Quezon City judge on Friday has finally decided to let go of the murder trial of road rage suspect Jason Ivler. In an order dated August 13, Quezon City Judge Alexander Balut of the Regional Trial Court Branch 76 granted a request to inhibit himself from the case, even if he considered the prosecution's arguments as "unsupported." "Just to obviate any further speculation the prosecution panel might be nurturing at the back of its mind regarding his propensity to tilt the scales of justice in favor of the accused, and if only to remain consistent with the noble task of dispensing justice freely and independently, the undersigned now inhibits from further proceeding in this case," Balut said. With Balut's inhibition, the murder case will have to be re-raffled to another judge. The prosecution had sought Balut's inhibition based on the judge's alleged violation of due process and the prosecution's right to a speedy trial. Balut junked the request, and also the prosecution's subsequent motion for reconsideration. The judge said he had acted within the concepts of fair play and orderly administration of justice. Cases vs Ivler Ivler is accused of killing Renato Victor Ebarle Jr. in what appeared to be a case of road rage on Nov. 18, 2009. Ivler went into hiding after the incident, but was later discovered holing up in their Quezon City home. He was wounded in an ensuing firefight with arresting National Bureau of Investigation (NBI) agents. Ivler is the nephew of folk singer Freddie Aguilar, while his victim was the son of former Presidential Management Staff Undersecretary Renato Ebarle Sr. Prior to the killing of Ebarle Jr., Ivler was already facing homicide charges before a Pasig City court for figuring in a road accident that killed Office of the President Undersecretary Nestor Ponce Jr. in August 2004. Transfer to QC jail Following his arrest last year, Ivler was confined at the Quirino Memorial Medical Center in Quezon City to receive treatment for the gunshot wounds he sustained on his right shoulder and upper abdomen. The prosecution then requested that he be transferred to an NBI detention facility but this was opposed by Ivler's family. The family had insisted that Ivler be placed on hospital arrest until his condition improves. Balut on April 4 ordered the discharge of Ivler from the QMMC and his transfer to the Quezon City Jail, days after the suspect's attending physician Dr. Romeo Abary said his patient was "healing well" and was already "capable" of leaving the hospital. — Mark Merueñas/RSJ, GMANews.TV