From the Sun Star-Davao (Mar 17): Bail hearing for JI suspect’s wife set
THE wife of the Malaysian national linked to international terrorist group Jemaah Islamiyah (JI) is set to appear anew before the Regional Trial Court (RTC) on Tuesday for the scheduled hearing for her petition for bail.
Records of the case filed before the RTC Branch 14 showed that Presiding Judge George Omelio set the next hearing of the case of Annabelle Nieva Lee, of Sorsogon province, at 2:30 p.m. of March 19, 20 and 22.
Lee was charged with Presidential Decree 1866, as amended by Republic Act 9516, or The Illegal Possession of Firearms, Ammunition or Explosives.
Omelio, in his order dated February 14, said the accused through her counsel, lawyer Ben Joseph Tesiorna, said she “has no knowledge as to the contents of the bag she carried” when she and her husband Mohd Noor Fikrie Bin Abd Kahar were cornered by the authorities on December 14, 2012.
This was pointed out on February 14 as the case was called for a pre-trial conference and the hearing on the petition for bail for the accused.
Kahar was gunned down when authorities led by Senior Superintendent Ronald dela Rosa cornered him and his wife along Camus Street around 10:30 p.m. of December 14, 2012.
Lee was arrested for carrying the bag that contains a bomb.
Tesiorna, in his motion to admit and fix bail, said the allegation that Lee is the wife of the slain terrorist was the only evidence clearly established by the authorities, hence "it cannot suffice for the denial of the constitutional rights of the accused to bail before conviction."
He said the evidence of the prosecution to prove the guilt of Lee is not strong since the basis for the filing of the case against the accused is the allegation that she was initially in possession of the black bag allegedly containing the improvised explosive device.
The lawyer also said that the complainants, in their joint-affidavit, only stated that it was only Kahar who declared that he had a bomb.
"Nowhere in their affidavits did they state that the accused commit any overt act or utter any threatening word in support of the action of her slain husband," Tesiorna said.
Lee pleaded not guilty when arraigned on January 11.