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Tuesday, January 21, 2003
Honest mistake, says NBI
By Grecar Nilles/Karlon N. Rama
FOUR National Bureau of Investigation (NBI) 7 special investigators believe the injury or offense inflicted on five Plantation Bay employees “was a necessary consequence” in carrying out their duty.
Special investigators Arnel Pura, Rey Tumalon, Danilo Garay and Teodoro Saavedra said in their 11-page joint counter-affidavit that the shooting last Dec. 13 was justifiable because it was an “honest mistake of fact.”
“…Had the facts been true that (suspected drug dealer Roberto “Obit”) Hegremosa was in the van, as we honestly believed (him) to be, the acts complained of would have been lawful,” the four investigators said.
NBI 7 agent Angelito Magno yesterday also denied he took part in preparing and organizing the team tasked to conduct the operation against Hegremosa.
Magno, a lawyer who has been with the NBI for 11 years, also said he did not conspire with anyone in the commission of a crime.
“My participation was beyond doubt consistent with the rules of engagement and negates either criminal or negligence,” he said.
During the congressional inquiry last Jan. 6, some House members noted that the NBI 7 personnel committed lapses and violated rules of engagement in their pursuit of a drug suspect.
The hearing also revealed that confidential agents were used in the operation. But in the counter-affidavits, the five NBI 7 agents did not mention any civilian.
They only said their intention in firing at the Plantation Bay van “was to force it to stop and not to kill any of its passengers.”
Although all of them surrendered their firearms to the NBI 7 ballistician and underwent paraffin tests, none of them admitted in their counter-affidavits that they fired at the van, which had 72 bullet holes. (Only Magno and Garay tested negative for gunpowder burns.)
The strafing started in Looc, Mandaue City and ended in Banilad, Cebu City, when the van could no longer after its tires were punctured by bullets.
The five NBI personnel, assisted by their respective lawyers, submitted their counter-affidavits to the Office of the Ombudsman-Visayas yesterday, three days after the deadline.
The Criminal Investigation and Detection 7 had filed multiple frustrated murder and attempted murder complaints before the ombudsman against the NBI men, after five resort employees on board the van were injured. The NBI mistook it as the one owned by Hegremosa.
NBI 7 Regional Director Romulo Manapsal was impleaded as an accessory while civilian agents Paul Lauro and Joey Cal were included for their direct involvement.
In the same counter-affidavit, the NBI men said there was no conspiracy among them and other personnel during the operation.
“The conspiracy, if any, was not to commit a felony but to perform a lawful act, that is, to arrest Hegremosa on the strength of the warrants of arrest against him,” they said.
They also asked the anti-graft office to lift the six-month suspension it meted against them for the shooting.
The anti-graft office will call for a clarificatory hearing on the charges tomorrow.
The hearing, Ombudsman Director Virginia Santiago said, will also serve as a preliminary conference and give those charged the chance to square off with their accusers.
Santiago said the hearing will also tackle Manapsal’s pending motion requesting the lifting of his six-month preventive suspension imposed by Deputy Ombudsman Primo Miro.
(January 21, 2003 issue)
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