Terror suspects insist on right to preliminary investigation

Seven suspected terrorists facing criminal charges invoked yesterday their right to a preliminary investigation while being arraigned for rebellion before a Makati court.

When asked for their plea, Hilarion Santos, Hannah Santos, Nururrija Amdal, Mursidi Balao, Ismael Idiris, Anne Anover and Bobot Abdullah told the court that they had the right go through a preliminary investigation before being brought to court and arraigned.

However, one of the co-accused, Malik Alimuddin, assisted by private counsels Raymund Palad and Oscar Kalaan, pleaded not guilty to the charge of rebellion.

Represented by lawyer Ramonsito Ocampo of the Public Attorney’s Office (PAO), the eight members of the Abu Sayyaf and the Rajah Solaiman Movement said they were not properly informed of the charges against them when they were brought before an inquest prosecutor in Camp Aguinaldo in Quezon City.

They were also deprived of their right to a lawyer who could have explained to them what was happening, they added.

However, Senior State Prosecutor Emmanuel Velasco insisted that the accused were informed during inquest that they were being charged with rebellion.

Justice Secretary Raul Gonzalez himself announced that the suspects had been arrested in a raid in Zamboanga City and would face charges in court when they were presented to the media, he added.

However, Velasco said it would "not hurt the prosecution" if the court orders that the eight be given a preliminary investigation, considering that such right is guaranteed by the Constitution.

The accused had asked for a preliminary investigation within the prescribed period after they had been arrested, he added.

On the other hand, Judge Encarnacion Moya of Makati Regional Trial Court, branch 146, said the eight accused should file a motion for reconsideration instead of a motion for deferment of arraignment or a motion for preliminary investigation since she has already determined probable cause.

A motion for reconsideration seeking to reverse the court’s ruling on probable cause is more appropriate, she added.

Moya ordered the defense to file the motion for reconsideration on or before Nov. 15, and scheduled a hearing on Nov. 29.

Meanwhile, Kalaan, one of Alimuddin’s lawyers said the Department of Justice made a mistake in accusing his client of being a terrorist.

Alimuddin’s brother was among those arrested for the 2001 Dos Palmas kidnapping of foreign tourists, but was released after the charges against him were dismissed, he added.

On the other hand, Dawud Santos, an alleged Rajah Solaiman member who had earlier asked that he be granted a preliminary investigation for rebellion charges, merely watched the proceedings from the back of the courtroom yesterday.

The court has yet to decide on his argument that he was also deprived of his right to defend himself from the government’s allegations that he also committed rebellion.

Santos and his lawyer Nick Martelino attended the proceedings as observers since he is the only suspect who is not in the custody of the Intelligence Service of the Armed Forces of the Philippines (ISAFP).

The eight Abu Sayyaf and Rajah Solaiman Movement members were arrested during a raid on their hideout in Zamboanga City and were taken to Camp Aguinaldo.

While detained at the ISAFP headquarters, they were brought for inquest before a prosecutor who was taken to Camp Aguinaldo for that purpose.

Rebellion charges were then filed against them before the Makati Regional Trial Court without any preliminary investigation conducted.

During the raid in Zamboanga City, they were reportedly caught in illegal possession of firearms, ammunition and explosives.