DOJ orders release of 18 suspected Sayyaf men wrongfully accused of kidnapping
MANILA, Philippines—The Department of Justice (DOJ) ordered the release of 18 suspected Abu Sayyaf members tagged in the kidnapping of 6 Jehova’s Witnesses in Patikul, Sulu on August 20, 2002.
In a 12-page resolution, made by the Anti-Terrorism Task Force which was approved by Prosecutor General Claro Arellano, 13 of the suspected Abu Sayyaf members were ordered released because they are different from the persons identified in the charge sheet.
On the other hand, five suspects were ordered released for lack of probable cause. Probable cause is the determination of existing facts and circumstances which, for the prosecutor is enough to prosecute the person for possible violation of the law.
Those ordered released due to mistaken identity were former Commissioner of the Department of Education Ustadz Ahmadsali A. Badron who is also member of the Reconciliation and Unification of the ARMM, Hajer Arasani, Jammal Sawaban, Robin Sahiyal, Alton Ladhalaam, Edwin Siarot Sawaldi, Mohammad Said Sali, Adzhar Nawali, Abdullan Hussih, George Nami, Abdullah Ussih, Jeheri Jeron and Manny Ismael.
“There appears to be no proof of their participation in the kidnapping much less evidence of their purported membership in the Abu Sayyaf Group. [The] accused were not positively identified by prosecution witnesses Amily Mantec and Roland Ulla,” the DOJ resolution stated.
On the other hand, those ordered released for lack of probable cause were Jumlie Orie, Jul Ahmad Ahadi, Arabi Sali, Sonny Boy Barakim and Abdulwahab Hamja.
“In every criminal prosecution, the prosecution must prove two things: 1) the commission of the crime and 2) the identification of the accused as the perpetrator of the crime. Cursory identification does not suffice to convict the accused. What is needed is positive identification made with moral certainty as to the person of the offender,” the DOJ resolution stated.
The six Jehova’s Witnesses were abducted in 2002 by the group of Radulan Sahiron.
The kidnapping for ransom case is now with the Pasig City Regional Trial Court Branch 266.
The government, through the DOJ, moved for the reinvestigation of the case following the claims of some of the accused that they were arbitrarily arrested.
