DOJ files criminal raps vs alleged JI bomb expert

MANILA, Philippines - The Department of Justice on Tuesday recommended the filing of criminal charges against Mohammad Rafiq Ullah, the Bangladeshi arrested last month for illegal possession of explosives in the former province of Shariff Kabunsuan. This was after the DOJ found probable cause against Rafiq Ullah, believed to be a member of the international terrorist group Jemaah Islamiyah. In its eight-page resolution, the DOJ sided with the testimony of police officers and their informant, Jerry Hassan, over Rafiq Ullah’s claim that he is not a bomb-maker and that he was tortured during his arrest. The DOJ also gave weight to the pieces of evidence presented by the police against Rafiq Ullah, who was also reportedly linked to the bus bombing in Digos City, Davao last July. “The inventory receipt attests to the validity and regularity of the search on December 2, 2008. Respondent has failed to rebut these pieces of evidence either with convincing contrary testimony or any government permit or authority to show legal possession of these explosives,” said State Prosecutor II Juan Pedro Navera, who penned the resolution. Members of the Philippine National Police-Criminal Investigation and Detection Group (PNP-CIDG) arrested Rafiq Ullah at his cell phone repair shop at Tapayan village in the municipality of Sultan Mastura in Shariff Kabunsuan last December 2, 2008. The arrest was based on a The police team also implemented a search warrant issued by Executive Judge Isaac Robillo Jr. of the Davao City regional trial court branch 13 for possession of bomb-making devices. Police found inside his shop the following items: (1) carton used as cover of suspected improvised explosive devices (IED), which contained one piece of RPG (rifle propel grenade) shell with explosive filler with one piece non-electric blasting cap inserted; one piece RPG shell with fuse assembly; one alarm clock with red Chinese markings; one soldering lead; 17 pieces assorted cut electrical wires; one round of plastic with rolled magnetic wire; one piece 1.5 volts double A battery; and one piece green plastic bag. Also seized were one blue “Highland” backpack containing two pieces of 81 mm mortar shells without fuse assembly; one Zest-O carton used as container of mortar shells; one eight-feet-long detonating cord; two meters of black wire; 15-inch white wire; assorted models of Nokia cellphones, housing and SIM packs; batteries; a toggle switch with wire; one red slide switch LED with resister; two pieces if non-electric blasting cap; CPU Pentium 4; and capacitor and assorted wires. Navera said that after the inventory of the seized items, Rafiq Ullah was asked to present any permit authorizing him to possess the primary components of the IED, but he was not able to present any authority, prompting lawmen to read him his rights before detaining him at Camp Catitipan in Davao City. “The mere possession of these explosives places respondent under the penal ambit of Section 3 of PD 1866,” he said. This provision states that “(t)he penalty of prison mayor and fine of not less than P50,000 shall be imposed upon any person who shall unlawfully manufacture, assemble, deal in, acquire, dispose or possess hand grenades or other incendiary devices capable of producing destructive effect on contiguous objects for causing injury or death to any person.” During preliminary investigation, Rafiq Ullah testified that although he was born in Bangladesh, he now lives in the Philippines with his Filipino wife, whom he met in Qatar, and their three children since 2000. Here, he worked as freelance mechanic for ABS-CBN regional network in Cotabato City, as well as the Office of the Presidential Adviser for Mindanao Affairs. Arresting officer PO3 Edgar Ybanez however said in his affidavit that based on their intelligence gathering, which started in October 2008, the terrorist group Al Khobar, which is known to be responsible for a series of bombing activities in Eastern Mindanao, was spotted in Datu Mastura in Shariff Kabunsuan, leading them to conduct a series of surveillance activities. Rafiq Ullah was described by lawmen as an expect bomb-maker who has been residing in the country since 1993. He was likewise declared an overstaying alien with ties to the Moro Islamic Liberation Front and Al Khobar group which provides bombs for planned terrorist attacks. However, the suspect has denied the allegations and opted to face preliminary investigation by signing a waiver of detention. - GMANews.TV