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Friday, April 28, 2006
SC upholds city's urgent petition
ZAMBOANGA City has won in its petition elevated to the Supreme Court for the transfer of the double murder trial of Rizal Alih outside Zamboanga City.
Rizal Alih is a policeman of Zambonga City in 1984 when he was accused in the twin murders of Brig. General Eduardo Batalla, then commander of the regional police command in Western Mindanao and his chief of staff, Colonel Romeo Abendan.
City Prosecutor Ricardo Cabarron confirmed receiving a report that the Supreme Court granted the city's petition for the transfer of the Alih's trial outside the city.
Cabarron stressed that they still have to receive the official copy of the High Tribunal's resolution.
Alih's chief legal counsel Alfredo Jimenez confirmed Wednesday of reports regarding the Supreme Court's ruling, which has been aired over a national television.
Reports said Alih would be tried before a competent court in Quezon City.
But, Jimenez vowed to exhaust all legal means to have Alih's case tried in Zamboanga City, where the alleged crime happened.
Jimenez said as soon as he received the Supreme Court's decision he will immediately file a motion for reconsideration arguing that the resolution was without any basis.
He said such resolution is tantamount to saying that the government and Zamboanga City are fearful to a 60-year-old man without any clout to threaten any witnesses to testify against him.
"And besides, there's no guarantee, that the trial will proceed in a smooth and speedy manner, because of precedents already," Jimenez said.
He mentioned the Abu Sayyaf cases that continue to drag on for four years without any solution in sight.
He also mentioned the Nur Musuari rebellion case, which until now has not even commenced yet. All these cases were transferred from their places where the crimes happened to Metro Manila.
"Are the government forces in Zamboanga City inutile, so that they cannot secure the city from only a single accused person who no longer poses danger at all?" asked Jimenez.
He said such wrong perception only sends a bad signal that city is a afraid of one man, based on more conjectures and speculations that its peace and order be disrupted, and that there'll be shooting wars showing its blatant cowardice nary any compelling grounds at-all.
To recall, the city filed a petition sometime on January, citing security risk, among others for the required transfer of the Alih trial in the city and that the peace atmosphere here will be adversely affected.
Alih's lawyer in his opposition to the petition argued that the former policeman's followers, mostly his relatives, are already dead and Alih is no longer an affluent man with vast power enough to intimidate, threaten and silence witnesses against him.
The three-day siege made by Alih on the police command in Cawa-Cawa, was one of the most sensational events during the administration of President Cory Aquino.
He was believed killed when authorities bombed the police command to end the siege, charred bodies were recovered since the headquarters was razed and leveled to the ground.
Filipinos were just so surprised when Alih returned to the Philippines from Malaysia in January this year, where he had also been serving prison term.
Pending trial for the petition to transfer his trial outside Zamboanga City, Alih was detained in Manila.
(April 28, 2006 issue)
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