Tuesday, November 15, 2016

Davao night market bombing suspect released

From the Sun Star-Davao (Nov 16): Davao night market bombing suspect released

DAVAO City police released on Saturday, November 12, one of the Roxas night bombing suspects after the petition for writ of habeas corpus filed by his wife was granted by Regional Trial Court Branch 14 last November 11.

Mohammad Lalaog Chenikandiyil, one of the suspects of the bombing, said the petition was approved by Judge Jill Jaugan- Lo.

Jaugan-Lo in special proceeding last November 9, heard the petition of the wife of Chenikandiyil, Allysanor Chenikandiyil against City Director Senior Superintendent Michael Dubria and Superintendent Edilberto Leonardo, the Davao Region Criminal Investigation and Detection Group (CIDG) chief.

Representatives of the mentioned operatives and Mohammad Chekanidiyil were present on the said special proceeding.

During the hearing, counsel of the wife of Chenikandiyil, lawyer Wilmer Donasco, raised the points of the petition of habeas corpus filed by his client.

The petitioner pointed out that the continued detention of her husband is unjustified since from the time of the arrest of her husband in Cotabato City and his detention at the Davao City Police Office on October 29, there were no charges filed against her husband and his companions, and that their detention has exceeded the maximum period of 36 hours as allowed by the Revised Penal Code.

It was stated in the petition that they have not received a notification that a criminal case has been filed against her husband in Cotabato.

Allysanor Chenikandiyil said assuming that a criminal case has already been filed, this does not justify the continued detention of her husband and his companions as they were not subjected in any inquest proceeding.

A representative from the CIDG said the continued custody of the suspects is due to alleged security threats, and that the CIDG-Autonomous Region of Muslim Mindanao (Armm) has asked their assistance to keep the suspects under their custody.

The CIDG officer has also asked for the judge to subpoena officers from CIDG-Armm to clarify the matter.

Lawyer Donasco told SunStar Davao that the petition for habeas corpus was granted by Judge Lo last Friday and it was also served to the authorities on the same day.

The CIDG last Friday also filed supplemental affidavits against Chenikandiyil, Jackson Mangulamas Usi, Zack Villanueva Lopez and Ansan Abdulla Mamasapano who were allegedly also members of the Maute Group as additional respondents of the Roxas night market blast in Davao City.

Based on the interview with another CIDG official, who refused to be named on Tuesday, November 15, he confirmed that Usi, Lopez and Mamasapano are still detained in the DCPO.

He added they can only pursue Chenikandiyil once a warrant of arrest will be issued against him when the CPO will find a probable cause to indict him of the case.

Prosecutor Jay Karel Sanchez, in a media interview Tuesday, said last Monday, November 14, they have already given subpoena to additional respondents including Chekanidiyil to issue a counter-affidavit to the charges filed against them.

She also said that aside from the four alleged bombers of the Roxas night market blast, nine other respondents whose identities were kept confidential were also given counter-affidavits.


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