‘Escapee’ was never under arrest - PNP

GENERAL SANTOS CITY — The principal suspect in the April 21 bombing of a shopping mall here was neither a suspect nor a fugitive at the time of his "escape" last week, the Phi-lippine National Police (PNP) said yesterday.

Without an order from the regional trial court to commit Abdul Basit Usman to jail, police could not detain him, PNP chief Director General Hermogenes Ebdane told reporters here.

"He cannot be detained because he is not the subject of an arrest, and if we jailed him we would be violating his human rights," he said.

Ebdane noted that Usman’s escape was actually not an issue because he was neither a suspect nor a fugitive at the time of his escape.

"The question now is what is the issue?" he asked reporters.

It was only five days after Usman’s escape that Regional Trial Court Judge Antonio Lubao issued an arrest warrant against Usman for multiple murder and multiple frustrated murder.

Usman, who was tagged by witnesses as the one who planted the bomb that exploded in front of the Fitmart shopping mall, escaped from police custody while being held at the Sarangani provincial police headquarters in Alabel town last Oct. 26.

Ebdane, who arrived here Tuesday to personally conduct an investigation into the incident, said Lubao failed to act on the complaint field by the police last Aug. 16.

"When Usman was presented to the court, the judge did not accept him," Ebdane said.

He said the court required the police to amend the complaint filed against Usman, who was only named as alias Usman in the warrant of arrest issued against the suspects in the bombing.

Police said the court refused to issue an order to commit Usman to jail because his name was not clearly determined in the arrest warrant.

Ebdane criticized the court for not acting promptly on Usman’s case. However, he admitted there were lapses in their investigation and documentation and "this time we are trying to determine who will be held liable for these flaws."

The PNP chief said he will not impose sanctions on any police officials following Usman’s escape.

Chief Supt. Jose Dalumpines, Central Mindanao police director, earlier ordered the relief of Chief Inspector Aucelyto Cabang, Sarangani police mobile group chief, who acted as Usman’s custodian.

Ebdane has directed Dalumpines to reconsider Cabang’s relief.