Lawyer sees dismissal of case vs terrorist's wife-A A +A
Friday, February 15, 2013
THE legal counsel of the wife of a Malaysian national linked to international terrorist group Jemaah Islamiyah is convinced that the case filed against his client before the Regional Trial Court (RTC) will be dismissed.
This, after the accused, Annabelle Nieva Lee of Sorsogon province, insisted she has nothing to do with the illegal activity of his husband during a pre-trial Thursday morning.
The pre-trial was held around 8:30 a.m. before RTC Branch 14 Judge George E. Omelio. It can be recalled that the accused pleaded not guilty on her arraignment before the court on January 11.
Lee pleaded not guilty in the case filed against her for violation of Republic Act 9516 or The Illegal Possession of Firearms, Ammunition or Explosives.
Lee is the wife of Mohd Noor Fikrie Bin Abd Kahar, who was shot dead by police authorities last December and foiled a bomb plot in Davao City.
The accused, through his counsel, lawyer Ben Joseph Tesiorna, filed a motion to admit and fix bail before the court dated on February 11.
The motion was heard on the pre-trial, which the court scheduled three hearings for the motion on March 19, 21, and 22, around 2 p.m. Omelio added that this is to determine whether the accused is guilty of the crime.
Tesiorna, in an interview, said he is convinced that the court will grant the motion and that it will even dismiss the case filed against his client once the public prosecution could not prove that the accused has something to do on the crime.
"Ang ruling ni judge (Omelio), tagaan niya'g chance ang prosecution na i-prove nga kusog ilang kaso laban sa akong kleyente since among position ngari dapat maka-bail siya (Lee) (The judge ruled to give the prosecution the chance to prove it has a strong case against my client since our position here is to post bail)," Tesiorna said.
He said the court only allows the public prosecution to present their proof based on the prior knowledge of the accused.
"Karon, pag di nila mapa-matud-an na nay kinalaman jud ako kleyente sa tong nahitabo. There a possibility na ma-dismiss ang kaso. Earlier, Lee told me na wa jud siya kabalo sa plans sa iyang husband," Tesiorna said.
Tesiorna added that according to his client, she didn't even know that the black bag pack contains a bomb and she does not mean harm prior to their vacation in Davao City.
Senior Superintendent Ronald dela Rosa, director of the Davao City Police Office (DCPO), in a separate interview, said he is convinced that the accused has something do on the crime since she is the wife.
"Impossible ng wala siya kabalo. Kami gani na police nakabalo na igo namo siya gitanaw sa iyang gidala. Siya pa kaya na sige sila ug uban sa iyang bana. Hulat nalang sa hearing puhon (It's impossible she doesn't know anything. We policemen even know when we saw what she was bringing. How much more when she was with her husband always. We will just wait for the hearing)," dela Rosa said.
"According to her, sa ilang culture man gud bawal ang mga asawa mangutana sa mga lihok sa ilang bana. Bawal pud sila makialam sa gamit sa ilang bana kay sa ila dili na maayo, mao ng wala jud siya na sayod sa plano sa iyang bana (In their culture, the wives are prohibited from asking the works of their husband. They are barred from checking their husband's belongings because this is not good and this is the reason she really doesn't know what her husband is up to)," Tesiorna said.
Published in the Sun.Star Davao newspaper on February 15, 2013.