Atong Ang denied bail in US pending extradition hearing

Former presidential adviser Charlie "Atong" Ang has lost his bid to go free on bail and will remain detained in a Las Vegas jail pending an extradition hearing in May.

The Philippine government said yesterday it can now focus on working with the US officials for the extradition process, which could be completed by mid-year.

US District Magistrate Lawrence Leavitt ruled yesterday that bail can be granted in an extradition case only in extraordinary circumstances, Las Vegas court officials said.

Ang’s lawyer, Donald Etra, said he will appeal the ruling.

"Neither law nor justice requires him to remain in jail another day," Etra said.

Leavitt, who had set a May 2 date for extradition arguments, also set a March 26 date for the US government to report its progress turning over to Etra documents and materials related to Ang’s case.

Ang, 43, was a close friend and adviser of deposed President Joseph Estrada, who is standing trial for the capital offense of plunder. Ang and his family left the Philippines on Jan. 20, the same day Estrada was ousted from office at the culmination of people power II.

He is the former president’s co-accused in the case, along with Estrada’s personal auditor Yolanda Ricaforte and crony Jaime Dichaves, who are in hiding. They are accused of funneling tobacco tax kickbacks and payoffs from illegal gambling to Estrada.

Last Nov. 25, US marshals arrested Ang at the Paris Hotel in Las Vegas based on an extradition request by the Department of Justice (DOJ). He will be in federal custody while awaiting extradition proceedings in a US court.

Justice Undersecretary Manuel Teehankee said extradition hearings would take two months.

"Hopefully, he can be extradited by the middle of the year," he said. "That is of course subject to an appeal under the US judicial system."

The businessman has also applied with the US Immigration and Naturalization Service for political asylum. Etra said that matter is pending. It is being handled by the INS office in Anaheim, California.

The Department of Foreign Affairs (DFA) said Ang will be meeting with a US asylum officer next week.

"Ang will have an initial interview to evaluate the merits of his reasons in seeking asylum," Foreign Affairs spokesman Victoriano Lecaros said.

Lecaros stressed that the assessment by the officer would not be the sole basis for granting asylum.

"I also doubt he will be granted asylum considering the magnitude of his offense," he said.

In seeking asylum, Ang had claimed his life would be in great danger if ever he returns to the Philippines.

Ang had initially used the imposition of death penalty on his plunder case as one of the reasons why he shouldn’t be sent back home, but since Nevada also has capital punishment, this was no longer an issue.

Article 5 of the RP-US Extradition Treaty provides that "if the requested state does not allow lethal injection, and punishment in the requesting state requires such, then the requested government can refuse the request unless an undertaking is made."

Observers had noted that Ang might use as defense the argument that he cannot be deported to the Philippines since there is no plunder law in Nevada, or its equivalent. – Pia Lee-Brago