Terror suspect to change not guilty plea to turn state witness
November 17, 2005 | 12:00am
An accused terrorist will change his plea from not guilty to guilty so he can testify against his comrades from the Rajah Solaiman Movement, the prosecutor handling the case said yesterday.
Senior State Prosecutor Emmanuel Velasco said Malik Alimuddin would have to plead guilty to charges of rebellion in order to qualify as a state witness.
"He was supposed to reenter a plea during last Tuesdays submission of his extra-judicial confession before the sala of MCRTC branch 146 Judge Encarnacion Moya," he said.
"Kaya lang, hindi nga natuloy because of the new argument nga ng defense na one of the accused is a minor (However, it did not push through because of the new defense argument that one of the accused is a minor)," he added.
Alimuddins plea of not guilty will run counter to his duty as a state witness to help the government prove that RSM founder Hilarion Santos, Abu Sayyaf chieftain Khaddafy Janjalani, and his other co-accused were behind the simultaneous terrorists bombings in Makati and two other points in Mindanao on Valentines Day 2005, he added.
Velasco said the delay would not affect the prosecution because the Department of Justice remains confident amid the possibility of the rebellion case being transferred to a family court.
"Anyway, kahit malipat sa (even if its moved to a) family court, it wont be a problem. What is important is the impartiality of the judge who will hear the case," Velasco told The STAR.
The DOJ will remove Alimuddin from the list of accused in the rebellion charges through a motion to discharge after it is determined which court will hear the case, he added.
Velasco said he did the same in the multiple murder and frustrated murder case against Indonesian Rohmat Abdurrohim and Abu Sayyaf members Angelo Trinidad and Gammal Baharan, when co-accused Gappal Bannah Asali turned state witness.
Asali, alias Boy Negro, who is under the custody of the Witness Protection Program, will also testify in the rebellion case against Janjalani, Santos and their co-accused, he added.
Velasco said Alimuddin possesses "tons of information" that could convict Santos, Janjalani and all the accused, as well as prove the links between the RSM and the Abu Sayyaf on one hand, and the Indonesia-based Jemaah Islamiyah terrorist network of Osama bin Laden on the other.
Alimuddin will also be placed under the WPP and will enjoy protection, allowances and other assistance in exchange for his testimony, he added.
As a state witness, Alimuddin will escape whatever verdict the court imposes on the other accused, much as Asali dodged the death sentence given to Abdurrohim, Trinidad and Baharan.
The next hearing of the case has been set for Nov. 29, with the court expected to decide on motions for reconsideration already filed by the defense.
Moya will also look into evidence that one of those accused is a minor, which will help her determine if her court has jurisdiction over the case, or if it would have to be moved to a family court.
Others facing rebellion charges are Santos wife Hannah Santos, Nururrija Amdal, Mursidi Balao, Ismael Idiris, Bodot Abdullah, and Abu Sayyaf spokesman Abu Solaiman, who remains at large.
The DOJ filed the case against them last Nov. 3 after Santos and his comrades were arrested in a raid on a house in Zamboanga City.
Senior State Prosecutor Emmanuel Velasco said Malik Alimuddin would have to plead guilty to charges of rebellion in order to qualify as a state witness.
"He was supposed to reenter a plea during last Tuesdays submission of his extra-judicial confession before the sala of MCRTC branch 146 Judge Encarnacion Moya," he said.
"Kaya lang, hindi nga natuloy because of the new argument nga ng defense na one of the accused is a minor (However, it did not push through because of the new defense argument that one of the accused is a minor)," he added.
Alimuddins plea of not guilty will run counter to his duty as a state witness to help the government prove that RSM founder Hilarion Santos, Abu Sayyaf chieftain Khaddafy Janjalani, and his other co-accused were behind the simultaneous terrorists bombings in Makati and two other points in Mindanao on Valentines Day 2005, he added.
Velasco said the delay would not affect the prosecution because the Department of Justice remains confident amid the possibility of the rebellion case being transferred to a family court.
"Anyway, kahit malipat sa (even if its moved to a) family court, it wont be a problem. What is important is the impartiality of the judge who will hear the case," Velasco told The STAR.
The DOJ will remove Alimuddin from the list of accused in the rebellion charges through a motion to discharge after it is determined which court will hear the case, he added.
Velasco said he did the same in the multiple murder and frustrated murder case against Indonesian Rohmat Abdurrohim and Abu Sayyaf members Angelo Trinidad and Gammal Baharan, when co-accused Gappal Bannah Asali turned state witness.
Asali, alias Boy Negro, who is under the custody of the Witness Protection Program, will also testify in the rebellion case against Janjalani, Santos and their co-accused, he added.
Velasco said Alimuddin possesses "tons of information" that could convict Santos, Janjalani and all the accused, as well as prove the links between the RSM and the Abu Sayyaf on one hand, and the Indonesia-based Jemaah Islamiyah terrorist network of Osama bin Laden on the other.
Alimuddin will also be placed under the WPP and will enjoy protection, allowances and other assistance in exchange for his testimony, he added.
As a state witness, Alimuddin will escape whatever verdict the court imposes on the other accused, much as Asali dodged the death sentence given to Abdurrohim, Trinidad and Baharan.
The next hearing of the case has been set for Nov. 29, with the court expected to decide on motions for reconsideration already filed by the defense.
Moya will also look into evidence that one of those accused is a minor, which will help her determine if her court has jurisdiction over the case, or if it would have to be moved to a family court.
Others facing rebellion charges are Santos wife Hannah Santos, Nururrija Amdal, Mursidi Balao, Ismael Idiris, Bodot Abdullah, and Abu Sayyaf spokesman Abu Solaiman, who remains at large.
The DOJ filed the case against them last Nov. 3 after Santos and his comrades were arrested in a raid on a house in Zamboanga City.
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