MONDAY’S supposed hearing for the supplemental motion filed by an executive of a non-governmental organization before the Regional Trial Court (RTC) Branch-33, who asserted that he was mistaken as the suspect in the 2005 Valentine’s Day bombing, was reset on August 11.
RTC-Branch 33 presiding Judge Lope Calio ordered the continuation of the hearing for the motion filed by the United Bangsamoro Agri-Fisheries Development Foundations Inc. executive director Abdullah Pandita Hamsa on the date during Monday’s supposed trial.
Hamsa and his witness were supposed to be cross-examined by the prosecution on Monday’s hearing but the prosecution manifested that they will no longer participate in the proceedings after they found out that the result of the cross-matching examination conducted on the fingerprint of Hamsa did not match from that of suspect Abdul Manap Mentang, who had been linked by the authorities as the perpetrator in the explosion at Davao City Overland Transport Terminal on February 14, 2005 which killed a 12-year-old boy and injured eight people.
Chief of Criminal Investigation and Detection Group (CIDG) Police Superintendent Jimmy Daza, CIDG-ARMM Police Investigator Police Officer 2 (PO2) Teofilo Abubo Jr., and Maa City Jail Warden Jail Superintendent Jonathan Lavape also appeared on Monday’s supposed hearing after they were issued a subpoena in the previous trial.
The police officers’ name were mentioned in the supplemental motion for the alleged irregularities they committed pertaining to the “unlawful arrest of Hamsa” and the “handling of the confiscated P100,000 from him” which was allegedly misappropriated by the officers after they used P3,500 from it for Hamsa’s transportation to PNP-Amas in Kidapawan and CIDG-Davao.
Judge Calio ordered to reset the continuation of the hearing for the motion after considering that Police Superintendent Daza, PO2 Abubo, and Jail Superintendent Lavape need time to submit their appropriate pleadings in relation to the supplemental motion.
Hamsa and his legal counsel were also ordered by Calio to make their witnesses available during the next hearing. Hamsa's legal counsel said in a previous interview with Sun.Star Davao, that Hamsa was freed after he posted a P100,000 bail.
“The case of murder and multiple frustrated murder filed against Hamsa is non-bailable but the bail was granted by the court since [the evidences we presented to them] showed that the he is not Abdul Manap Mentang,” Hamsa’s legal counsel explained.
The motion also requested the court “to order the release of the cash bond put up in favor of (Hamsa’s) temporary liberty personally to him or to some agent he may appoint."
The same motion also asked the court to suppress and expunge all other documents, reports, photographs, mug shots, and other records bearing the Hamsa’s identity so that these may be corrected and it also requested for the return of all the confiscated items taken upon his arrest. (Berchan Louie A. Angchay, AdDU Intern/With RCP)