AKBAR WIDOW TO CA
‘Keep Salapuddin among Batasan blast accused’
By Tetch Torres
INQUIRER.net
First Posted 16:08:00 05/20/2008
MANILA, Philippines -- Basilan Governor Jum Akbar has asked the Court of Appeals to stop the Quezon City Regional Trial Court from dropping former Basilan congressman Gerry Salapuddin as one of those accused for last year's bomb attack at the Batasan Pambansa.
Akbar is the widow of Representative Wahab Akbar, who was killed in the attack along with Julasiri Niki Huyudini, a member of his staff; Marcial Taldo, driver of Gabriela Representative Luzviminda Ilagan; and Maan Gale Bustalino, a member of the staff of Negros Oriental Representative Henry Pryde Teves.
Teves and Ilagan were also injured in the incident. .
In her 24-page petition for review, Governor Akbar asked the appeals court to issue a temporary restraining order against the lower court’s dropping Salapuddin as one of those charged for murder and multiple frustrated murder before Quezon City Regional Trial Court Branch 83.
"Unless restrained, the intended action of public respondent will result in grave and irreparable injury to the State and petitioners, as they will be deprived of their constitutionally-guaranteed to due process in the prosecution of the wrong done upon the innocent persons brutally murdered in the House of Representative complex,” she said.
She added that dropping Salapuddin would "allow the positively identified mastermind of an inhumane act to go free while his employees who executed the vicious crime on his behalf continue to rot in jail. This petition also affects public interest as it involves the intended prosecution of a ferocious act that led to the death of several innocent persons," Akbar said.
The Basilan governor accused Justice Secretary Raul Gonzalez of grave abuse of discretion amounting to lack or excess of jurisdiction when he reversed the findings of the Department of Justice (DoJ) panel that investigated the case, using as his basis the claims of the other suspects, Caidar Aunal, Ikram Indama, Adham Kusain and Hajarun Jamiri that they were tortured into identifying Salapuddin as the mastermind.
She said Gonzalez completely disregarded the findings of the DoJ investigating panel based on "uncontroverted allegations made under oath, and by evidence adduced during preliminary investigation.
"In fact, this was the original finding by the investigating panel. The public respondent simply reversed the finding of probable cause against Salapuddin by the mere expedient of turning a blind eye to uncontroverted sworn allegations and voluminous supporting documents."
Akbar said, Gonzalez should have given them the opportunity to prove their case before the court.
The lower court had issued a warrant of arrest against Salapuddin but recalled it pending a decision on the former lawmaker's possible exclusion from the case on Gonzalez’ order.
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