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Batasan blast: Ex-solon, 3 others ordered arrested


MANILA, Philippines - (Updated 3:27 p.m.) The Quezon City Regional Trial Court on Monday ordered the arrest of former Basilan Rep. Gerry Salapuddin and three others in connection with the explosion at the Batasan Pambansa complex last year. In his order, Judge Ralph Lee, president judge of the Quezon City Regional Trial Court branch 83, said the court has found probable cause to justify the issuance of arrest warrants against the four accused. Aside from Salapuddin, Hajarun Jamiri, Benjamin Hataman and PO1 Bayan Judda were also ordered arrested. This developed even as Justice Secretary Raul Gonzalez has ordered the Chief State Prosecutor to exclude Salapuddin from the information for the complex crime of multiple murder and frustrated murder filed against him. To recall, DOJ filed an amended information before the sala of Judge Lee which recommends the inclusion of Salapuddin, Jamiri, Hataman and Judda in the charges of multiple murder and frustrated murder after finding probable cause of their alleged involvement in the explosion that killed five people, including Basilan Rep. Wahab Akbar, and injuring 10 others. The DOJ has already filed charges against the first batch of suspects, namely Caidar Aunal, Ikram Indama and Adham Kusain, who are now under police custody. Judge Lee did not immediately issued the warrants of arrest against Salapuddin and three others after the former solon filed a petition for review before the DOJ asking the latter to reverse its earlier recommendation. During the hearing on March 14, Judge Lee granted the motions of Salapuddin, Jamiri, Hataman and Judda to suspend proceedings on the judicial determination of probable to justify the issuance of warrants of arrest. But in the DOJ resolution dated April 23, Gonzalez has ordered the exclusion of Salapuddin from the charges after finding merit on his petition. The charges against Salapuddin were based on the sworn statements of accused Indama executed on Nov. 20 and 21, 2007 and Jan. 10, 2008 and the alleged extrajudicial confessions of Aunal and Kusain. However, Indama had earlier executed three other sworn statements on Nov. 16, and Nov. 18, 2007. It was on Indama’s fourth sworn statement dated Nov. 20, 2007 that he mentioned for the first time the name of Salapuddin. Records further showed that in his Jan. 10, 2008 sworn statement, Indama changed all the material dates of the alleged meeting and planning he had with some of the other accused. In his petition for review, Salapuddin denied knowledge about the bombing at the House of Representatives and allegations against him are politically motivated by the allies of Rep. Akbar. In the DOJ resolution, Gonzalez explained he found merit on the petition of Salapuddin since the assailed supplemental resolution indicting him evidently gave emphasis to the self-incriminating statements extracted from the accused Indama, Kusain and Jamiri while they were under custodial interrogation. The DOJ added that Aunal, Kusain and Jamiri recanted their extrajudicial confessions alleging that there were the results of intimidation, force and torture. “In evaluating the evidence presented by complainants, the assailed supplemental resolution indubitably failed to consider the very purpose of preliminary investigation, which is that before a person is placed on trial, the evidence must be sufficient to sustain a prima facie case or probable cause must exists to form a sufficient belief as to the guilt of that person,” Gonzalez said. The DOJ further stressed that the extrajudicial confessions of Indama, Aunal, Kusain and Jamiri should not have been given credence by the assailed supplemental resolution because there were extracted at the point of torture in violation of the Constitution and RA 7438. “In fact, the assailed supplemental resolution was frank enough to admit that Salapuddin “did not actively take part in the planning” but regrettably tempered the same when it further went forth to declare that his participation cannot be downplayed as the circumstances, people and places used in the commission of the offense charged were all associated with him and the same were not mere coincidences,” the DOJ added. Meanwhile, Branch 83 Clerk of Court, lawyer Pearl Angeli Ronquillo, said that the court’s issuance of warrants of arrest is in order despite the DOJ’s resolution since the latter is not yet final and executory. Ronquillo said that the private complainants in the case have already filed a motion for reconsideration asking the DOJ to reverse its resolution in excluding Salapuddin from the cases. She added that the court has not yet officially received the resolution. - GMANews.TV
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