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Friday, May 23, 2003
Indonesian terror suspect loses CA appeal
By Benjamin B. Pulta
MANILA -- Agus Dwikarna, the Indonesian national suspected of having links to the al-Qaeda and convicted by a local court of trying to board a plane with explosives, lost his suit questioning his indictment before the Court of Appeals (CA).
The CA's Tenth Division, through Associate Justice Edgardo P. Cruz, said in its resolution that Dwikarna's petition is "dismissed outright," citing three major procedural lapses in his appeal.
"The instant petition does not indicate the date of petitioner's receipt of the order dated December 19, 2002...as it would show that said petition was filed on time," the magistrate said in the ruling.
The ruling denied the motion for reconsideration filed by Dwikarna's lawyers on the ruling of Pasay Regional Trial Court Judge Henrick F. Gingoyon sentencing the Indonesian national to 17 years in prison.
"Moreover, the entry of judgment itself is not being assailed in the petition," the CA magistrate added. "Finally, the lawyer who signed the petition did not indicate his roll of attorney's number."
Two other members of the CA's Tenth Division, Associate justices Portia Aliņo-Hormachuelos and Noel G. Tijam, concurred in the ruling.
Dwikarna's group, Laskar Jundullah or "Army of God Force," is being inked by Asian intelligence groups to the al-Qaeda-linked Jemaah Islamiah (JI).
Aside from Dwikarna, another key founder of the group is Kuwaiti Omar al-Faruq, who is now in US custody at an undisclosed location.
Laskar Jundullah and its members work as security guards for groups who want Islamic law imposed in South Sulawesi Province.
Dwikarna's conviction came after police, military and immigration agents confiscated explosive devices from him, namely two oval-shaped C-4 plastic explosives and five detonating cords.
His two companions, Abdul Jamal Balfas and Tamsil Lin Rung, were likewise charged with illegal possession of explosives and violation of immigration laws but were later released upon a motion by state prosecutors after Malacaņang said Indonesian President Megawati Sukarnoputri requested leniency.
(May 23, 2003 issue)
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