RTC yet to decide on bail petition by JI man's wife-A A +A
Thursday, March 21, 2013
THE Regional Trial Court (RTC) is yet to decide on the petition for bail filed by the wife of a Malaysian national linked to international terrorist group Jemaah Islamiyah (JI).
The accused, Annabelle Nieva Lee of Sorsogon province was earlier charged with the Republic Act 9516, or The Illegal Possession of Firearms, Ammunition or Explosives.
Judge George Omelio, of RTC Branch 14, have not yet decided for the petition for bail filed by the accused, as the latter is still undergoing a three-day hearing dated March 19, 20 and 22.
Lawyer Ben Joseph Tesiorna, legal counsel of the accused, said the court is set to issue the final decision next month, as Omelio has to determine the result of the hearing based on the evidence and defense of both parties involved in the case.
"Naa pa mi karon sa proving (sa among part) na wala'y knowledge ang akong client sa binuhatan sa iyang husband, while sa side sa arresting police officers--kailangan nila i-prove kung na ba knowledge jud kinalaman ang accused sa binuhatan sa iyang husband," Tesiorna said.
Tesiorna said on their part, they are hoping that the hearing on the case of Lee will not just focus on their petition for the accused to bail but also for the case to be dismissed, as they believed that the accused is innocent.
Omelio, in his order dated February 14, said the accused through 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 Supt. 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."
Tesiorna added that 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.
It can be recalled that the accused pleaded not guilty during her arraignment on January 11. (Ivy C. Tejano)
Published in the Sun.Star Davao newspaper on March 21, 2013.