Doctor says Ivler 'capable' of leaving hospital

MANILA, Philippines - The attending physician of Jason Ivler said during a court hearing yesterday that the road rage murder suspect can already be discharged from the Quirino Memorial Medical Center (QMMC), although it is up to the court to do so.

During the hearing, Dr. Romeo Abary said they had already stopped medication on Ivler about a month ago. Ivler sustained gunshot wounds when he shot it out with National Bureau of Investigation (NBI) agents who arrested him last Jan. 18, and has been confined at the QMMC after undergoing surgeries.

When Judge Alexander Balut of the Quezon City Regional Trial Court asked Abary whether Ivler was already capable of being discharged, the doctor said, “He’s capable.”

But in an interview later with reporters, Abary said he would not specifically recommend Ivler’s transfer to the NBI detention facility, which he said he had not visited. He said it was up to the court to determine where Ivler would be placed if and when he is ordered discharged from the hospital.

Abary said Ivler’s exit wound was “healing well” with no sign of infection. He said it was already “at skin level” and has shrunk to the size of a 25-centavo coin.

With this, Balut said the motion on whether or not Ivler should be transferred to the NBI detention facility is already up for resolution.

Ivler is facing murder charges for allegedly killing Renato Victor Ebarle Jr. during a traffic altercation on Nov. 18, 2009.

Prosecutors want judge off case

The prosecution has filed a motion for Balut to inhibit himself from the case and the proceedings deferred.

All the private and public prosecution lawyers were absent from the court hearing yesterday when Abary took the witness stand. Lawyer Romeo Alcantara, private counsel of the Ebarle family, said their absence from the hearing was precisely because of their motion to defer the court proceedings.

In a phone interview, Alcantara alleged that Balut had given more opportunity to the defense during the hearings.

But the clerk of court said the motion filed by the prosecution was treated as just “a scrap of paper,” citing the prosecution’s failure to notify the defense about the motion in time for yesterday’s hearing. The motion was not acted upon and the scheduled hearing yesterday pushed through.

But Ivler’s lawyer, Alexis Medina, maintained their opposition to the motion asking for the suspect’s discharge from the hospital and transfer to the NBI detention cell.

Medina said this motion, if granted, would “inflict unnecessary pain” on the suspect, endanger his life and could jeopardize his full recovery.