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Thursday, August 28, 2003
Collusion ruled out in al-Ghozi escape
MANILA -- A special fact-finding body tasked to investigate the escape of a convicted Jemaah Islamiyah (JI) bomb expert recommended Wednesday the filing of criminal charges against seven police intelligence officers over their failure to prevent the incident.
But the Ordoņez Fact-Finding Commission created by President Arroyo ruled out alleged collusion between the police and terrorist Fathur Rohman al-Ghozi and two Abu Sayyaf members, who escaped on July 14 from the police intelligence headquarters in Camp Crame where they were detained.
"From all indications, it is the commission's conclusion that there was no conspiracy/collusion between any of the officers and men of the intelligence group and the escapees," Ordoņez said in his 55-page report.
The commission also spared PNP Chief Hermogenes Ebdane Jr. and Interior Secretary Jose Lina from possible sanctions in connection with the command responsibility rule.
Former justice secretary Sedfrey Ordoņez, head of the fact-finding commission, even commended Ebdane for immediately acting on the incident as soon as he was informed about it, about six hours after it occurred.
Those facing possible criminal charges are: Superintendents Guillermo Danipog, Carlito Natanauan and Ruben Galban, Inspector James Dime, Senior Police Officers 3 Ruperto Principe Jr. and Buenegardon Campo and Police Officer 1 Ronald Palmares.
The officers have been suspended and charged with negligence.
The fact-finding body also recommended the prosecution of detainees Cusain Ramos, alias Abu Ali, Mark Gumbahale, alias Abu Tagalog and Amroy Lilagan for aiding or abetting the escape of JI bomb expert al-Ghozi and suspected Abu Sayyaf members Abdulmukim Ong Edris and Omar Opik Lasal.
After visiting the detention facility and interviewing 29 witnesses, Ordoņez said the body established that "structural defects on the bolt handles of the cells" enabled the escape of the Indonesian and two of his cellmates.
"To our horror, as it was demonstrated to the committee in the presence of media, it was quite easy to open the cell door without touching the padlock, so that even if you placed 10 padlocks in that cell door, if the cell door itself would be moved, the padlocks will be useless," Ordoņez said.
The commission submitted to President Arroyo its recommendations Tuesday morning.
Ordoņez said they would have submitted it as scheduled on August 17 but had to wait out some developments in Mindanao where the Indonesian is reportedly hiding.
The commission interviewed a total of 29 witnesses and its investigation focused on how the escape was committed, he added.
He said it was clearly a case of "negligence" and "laxity" on part of some custodial personnel that facilitated the escape.
Police officials have admitted that one of the guards was sleeping and another out shopping during the escape.
The commission added in its report there was a "deliberate effort" on the part of the intelligence group to cover up the circumstances that led to the escape.
The report showed that it was one of the detainees who discovered the disappearance of al-Ghozi and his two cellmates at around 5:30 a.m. They informed the janitor who in turn alerted the officers on duty who were at that time found sleeping.
The janitor tried to wake up SPO3 Buenegardon Campo and succeeded in rousing jail guard PO1 Ronald Palmares.
Palmares reportedly informed Campo, who said the prisoners were still in their cells. No effort was exerted to conduct a search or to verify the reported disappearance of the detainees, the report stated.
It was at around 11 a.m. when Galban reported the disappearance of the three detainees. In an entry at their logbook at 8 a.m., Dime, Principe and Palmares claimed all detainees were accounted for.
"The President was kept in the dark until after lunch of that day. A thing of such importance could have been relayed to the Office of the President and who probably could have issued appropriate instructions to the authorities," Ordoņez said.
One of the Abu Sayyaf members who escaped with al-Ghozi was captured and then shot dead by police in Mindanao earlier this month, allegedly after a fresh escape attempt.
Under interrogation he claimed that "no money changed hands and that there was no prior collusion," the report said.
Unnamed police officials had said that al-Ghozi was deliberately set free in exchange for an undetermined amount of cash.
The Philippines, a staunch US ally in the campaign against terror, was severely criticized for al-Ghozi's escape, which occurred during a visit to Manila by Australian Prime Minister John Howard.
Thousands of police officers have been sent to back up the military in the manhunt for al-Ghozi, who is believed to be hiding in Mindanao with the help of local Muslim separatists.
Al-Ghozi was arrested in the Philippines last year and sentenced to 17 years in jail for amassing a 1.2-tonne cache of explosives.
The commission also proposed that congress increase the penalty for police negligence and that a holding facility for high-risk criminals be built. She Caguimbal-Torres/(With AFP)
(August 28, 2003 issue)
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