Roast in Peace

Hole of Justice

By Peter G. Jimenea

Roast-in-Peace

The murder story of brothers Roderick and Mark Newall in 1987, transfigures the brutal murder of a Chinese businessman, his wife and young daughter that happened in their-mansion at General Luna Street, Iloilo City few years ago. There was no sign of forced entry, nor theft as the police earlier claim hinted at.

Police investigators believed it was an inside job done by culprits who knew their way around the house. The only difference is that Nicholas Newall and wife Elizabeth disappeared from their home after their sons had visited them for a champagne dinner to celebrate Mrs. Newall  48^th birthday.

On the other hand, the Chinese, his wife and daughter were found dead inside the house. As what the police claimed of the Newalls’ murder, the suspects in this Chinese case are also his two sons. The eldest when interviewed that very day is suspiciously acting like high on drugs.

From minute bloodstains found in the house of the Newall, police deduced that they were killed there. But the place had been scrupulously cleaned up and dried out with traces of mopping in every corner. The same idea was found to have been used by the killers in the Chinese, wife and daughter’s murder.

Roderick and Mark inherited their parents’ wealth when it was assumed they were dead. The 66-foot yacht the family owned went to Roderick who immediately sailed out to the sea and his brother Mark went to Paris for good.

But five years later, in 1992, the Royal Navy frigate Argonaut arrested the 26-year old Roderick at sea and took him to Gibraltar. New evidence was presented to the courts in a move to extradite him. Mark who is a resident of Paris was also slapped with extradition proceedings.

Roderick fought the proceedings desperately trying to have a tape-recording excluded which apparently implicated another person and himself in the murder of his parents. Since his arrest Roderick has made three suicide attempts.

In the case of a Chinese businessman, his two sons who are suspects in the gruesome murder were arrested and sent to jail. The RTC Judge hearing the case recommended no bail for them. But with the help of a popular lawyer from Manila hired by their grandmother, there case was mitigated.

It was reversed by the Court of Appeals (CA) and the accused were entitled to bail. It only reinforced the widespread public belief that the CA is controlled predominantly by appellate justices who cannot resist the temptation of greed. Foremost as impression without affirming the perception is the contemptuous issuance of TRO for a fee.

Worse, elevating a grievance to this court for redress, opens the privilege for the few ( if I may borrow the term used by former President Joseph Estrada) hoodlums-in-robe, that sometimes judicial remedies are subjected to “over-use,” “misuse” or “abuse.”

What is saddening in this story of murder committed by the children against parents is the motive that propelled them to kill – money! The Newall brothers Roderick and Mark did it for inheritance. The same motive forced the sons of a Chinese businessman to kill him, his wife and young daughter.

But after the CA reversed the RTC decision, the suspects were released. Though we know for a fact, that even in jail people with money have different treatment than you and me. However, the victims’ family elevated the CA’s ruling to the Supreme Court for review. -

They believed many people were affected by the Appellate Court’s decision. The RTC judge, the family of the victims, the relatives, friends and the peaceful citizens of the city who condemned this crime, hoping that justice will be served soonest possible.

Well, in its ruling of 2010, the SC set aside the CA’s resolution and upheld the RTC judge’s decision. The suspects were sent back to jail extra ordinem –beyond the ambit of appeal. Stare decisis – Court stands firmly by things that were decided on cases with similar facts that have been resolved in the past. If electric chair is still in use for parricide cases, in this one I say….. see the title!