Alleged bomber’s wife ordered released-A A +A
Thursday, September 5, 2013
DAVAO Regional Trial Court (RTC) Branch 14 Judge George Omelio has issued a release order Wednesday for the wife of the alleged Jeemah Islamiyah (JI) bomber killed in a police operation last December 14 2012.
Omelia granted the motion for the issuance of a release order filed by the accused Annabele Nieva Lee through her counsel lawyer Ben Joseph Tesiorna.
Tesiorna, in the one-page motion, said the court has issued a resolution dated July 31 granting the demurrer to evidence filed by the accused. The counsel of the accused also cited that the said resolution, despite the grant of the demurrer to evidence of the respondent, did not mention any order of release. Thus, the continued detention of Lee at the Naval Intelligence and Security Group Eastern Mindanao in Camp Felix Apolinario, Panacan is a violation of her rights.
The judge told reporters, "Demurrer to evidence is as good as an acquittal since the prosecutor has presented insufficient evidence. The respondent motioned for the issuance of a release order since the release order in the July 31 resolution was not clear. So I granted their motion on the grounds that the prosecutor has insufficient evidence to charge Lee with illegal possession of firearms, ammunition or explosives."
Omelio added that law enforcers could still detain her if there are other legal grounds that police could establish. But Omelio clarified that Lee cannot be detained due to the same charges as it may turn out to a case of double jeopardy.
It can be recalled that the Lee was arrested after her husband Mohd Noor Fikrie Bin Abd Kahar was gunned down by law enforcers at Camus St., Davao City.
Recovered from the possession of Lee was a bag containing an improvised explosive device (IED) and a mobile phone suspected to be the detonator for the IED.
Lee pleaded not guilty after she told the court that she had no idea what the bag contains and that she also didn't know the involvement of his husband in any terrorist activities. (Ruji Peter S. Abat/Sun.Star Davao/Sunnex)
Published in the Sun.Star Davao newspaper on September 05, 2013.