THE three companions of Bohol Provincial Board (PB) Member Niño Rey Boniel want Acting Bohol Provincial Prosecutor Ryan Sojor to back off from prosecuting the criminal case they filed against seven policemen from Talibon town in Bohol.
Assisted by their counsel, Inocencio dela Cerna, Jr., the complainants filed a motion asking Sojor to inhibit himself from the case and grant authority to their lawyers to prosecute the complaint.
“From the foregoing, there appears to be the presence of questionable and suspicious circumstances clearly indicative of arbitrariness and prejudice,” the pleading read.
In a resolution dated Nov. 15, 2017, Prosecutor Godwin Gamas indicted seven policemen from Talibon for allegedly detaining the two companions of Boniel last Aug. 16.
Gamas found evidence to charge seven of eight policemen with arbitrary detention before the Municipal Circuit Trial Court in Trinidad, Bohol.
The respondents are Regional Intelligence Division 7 chief Supt. Jonathan Cabal, SPO1 Alexander Garcia, PO3 Angelo Avenido, PO3 Lloyd Garcia, PO1 Fredereick Enriquez, PO1 Emmanuel Pagalan, and PO3 Ally Bornillo.
Not enough evidence
The prosecutor, though, dismissed for lack of evidence the unlawful arrest, grave coercion, grave threats, kidnapping, serious illegal detention, and violation of domicile against the respondents.
The prosecutor also dismissed for want of evidence the complaint against PO3 Virgilio Otara.
Complainants Lobo Boniel, Wilson Hoylar and Brian Sayson were arrested for their alleged involvement in the kidnap-slay of Niño’s wife, Bien Unido Mayor Gisela Boniel.
They accused the policemen of unlawful arrest, arbitrary detention, grave coercion, grave threats, kidnapping, serious illegal detention, and violation of domicile.
Replying to the charges, the respondents said the arrest and detention of the complainants were justified since there was an arrest warrant issued against them.
Gamas, however, said that the arrest warrant issued by Judge Altone Miralles ordered law enforcers to arrest only Riolito Boniel, Ranidel Lupas, Wilfredo Hoylar and Restituto Magoncia Jr. for murder.
In the pleading, the complainants said that Prosecutor Sojor granted the respondents’ motion for reconsideration and recommended the dismissal of the complaint against the policemen.
But the prosecution said Sojor’s resolution was not necessary since the arbitrary detention case was already filed before the Municipal Circuit Trial Court of Trinidad-San Miguel-Bien Unido, Bohol.
The judge had already issued an arrest warrant against the accused, who all posted bail for their temporary freedom.
“It comes as highly irregular that any action taken by reason of the resolution was not made by the prosecutor but rather by the accused,” the prosecution’s pleading read. (GMD)