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Tuesday, September 04, 2007
Bomb ‘courier’ haled to court
CEBU CITY -- A case of illegal possession of explosives against a suspected bomber reached the Regional Trial Court Monday.
But instead of the Cebu City Jail, Noy Ampuan was sent to Operation Second Chance in Barangay Kalunasan, after it was found that he is a minor.
Online memorial for Cebu's Nenita "Inday Nita" Daluz. Post testimonials here.
Ampuan was reported to be 19 years old when he was arrested last Aug. 22 on board Superferry 5 that made a stopover in Cebu on its way to Manila from Zamboanga City.
A sack of bananas where a 90mm recoilless rifle projectile and one M76 rifle grenade were hidden was traced to him.
His mother presented a birth certificate showing that Ampuan is 17 years old.
The Juvenile Justice and Welfare Act defines a child in conflict with the law as below 18 years old. This is why the court cannot send Ampuan to jail but to a detention facility for minors.
Ampuan’s bail is set at P200,000.
The police wanted to charge Ampuan, who is from Kabuntalan town in Maguindanao Province, for violation of the Human Security Act of 2007. But they must have evidence that he is linked to a terrorist group such as the Abu Sayyaf group.
Ampuan earlier told the police he was only asked by somebody from the port area to bring the sack of bananas with him. He did not know there were explosives inside. He said he was paid P400.
Police intelligence officials alerted their counterparts in Cebu City that a man suspected of carrying explosives was on board Superferry.
A bomb-sniffing dog gave Ampuan away.
Ampuan’s mother presented his birth certificate to Cebu City Prosecutor Fernando Gubalane. Gubalane checked the document and confirmed that Noy is only 17.
But Gubalane said that during initial investigation, Ampuan told him he was going to be 19 already.
Gubalane said that when he asked Ampuan why he said so, the teenager would not answer.
Ampuan’s birth certificate states that he was born on June 15, 1990, a firstborn of a couple in Kabun-talan, Maguindanao.
At the back of the document, it says that Noy’s birth was registered late due to negligence.
The document was issued last Jan. 18, 2002 for legal purposes.
In his resolution, Gubalane said the uncontroverted evidence presented by the arresting officers prevails.
Noy was not able to file his counter-affidavit after his lawyers, Maria Dolores de la Serna-Unchuan and Jean Marie Vecina, revoked the waiver of detention he signed upon his arrest and withdrew his request for preliminary investigation.
Vecina said they will still confer with Ampuan’s mother if they will post bail.
Unchuan said Ampuan’s mother hope stereotyping and bias will not cloud the case. The family is Muslim. (KNT/Sun.Star Cebu)
For more Philippine news, visit Sun.Star Cebu. (September 4, 2007 issue)
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