Monday, June 23, 2008

PNP is the only complainant here, Isnajis lawyer said

Miami
June 23, 2008
Story: PNP is the only complainant here, Isnajis lawyer said

The lawyer of the kidnapping suspect on the news team of the ABS-CBN has withdrawn his appearance and prefer a Muslim lawyer to take charge after him.
Atty. Ernesto Francisco who is the lawyer of Indanan, Sulu Mayor Alvarez Isnaji and Haider Isnaji during the inquest proceedings last June 20, 2008 has withdrawn his appearance and said somebody who know Mindanao should be the one who will handle the case.

“I ask the Isnaji to get a lawyer that totally know the situation in Mindanao. My withdrawal has nothing to do with the merits of the case. I still think the evidence against them is not strong enough to consider them as suspects,” Atty. Francisco said.

Francisco explained the reason why he stand as counsel for the two during the inquest is that somebody ask his help because the two has no lawyer yet and the inquest proceedings will happen on that day of Friday June 20.

The one who replace Francisco is Atty. Firdausi Abbas. He is the one who said the PNP is the only complainant on the case against the Isnajis. The complaint affidavit is filed by Senior Superintendent Winnie Quidato from the PNP intelligence group who joined in the negotiating team by disguising a civilian official from the Department of Local and interior Government (DILG).

“The victims (Ces Orena Drilon, Jimmy Encarnacion and Angelo Valderama) affidavit do not contain any direct complaint against the suspects. In their affidavit it only said that their affidavit ‘may use for any legal purposes that may serve’. Unlike in the affidavit of Quidato, it stated their that his affidavit can be used as basis for the criminal charge against the suspects,” Abbas explained.

That was backed up by State Prosecutor Emily delos Santos. She even asked the lawyers of Drilon, et al. if they will file a supplemental or amended complaint to support the complaint of Quidato. They were given five days to do it. If they will file it, the next hearing will be on June 30 at 2:00 pm. But, if the lawyers of Drilon, et al will not file a supplement or amended complaint the next hearing will be on July 7.

“At this moment we do not intend to comply supplemental or amendment complaint,” Atty. Vince Bayon said during the preliminary investigation, lawyer of Drilon, Valderama and Encanacion.

Meanwhile, Prosecutor delos Santos had Subpoena the notes and documents of Philippine Star writer Tanya Lara who had interviewed Drilon on her experience with the abductors. The feature story on it was published in the Lifestyle section of Philippine Star last June 22, 2008.

After the preliminary investigation, Mayor Isnaji said, “I cannot understand why I am here, facing the charges were in fact we only helped the four to be released on their abductors.”

His son added, “What is important is that the four are safe, it is just hard to believe that we are here.”

Abbas, the lawyer of the Isnaji confirmed that there were another ransom money was paid for the release of the other three, Drilon, Encarnacion and Prof. Octavio Dinampo. “Php15M was paid for their release by still anonymous person and this is written in the affidavit of Quidato.”

Abbas added that the money was brought to Zamboanga then to Jolo by Frank Orena, the brother of Ces, the same person who delivered the Php5M when Valderama was released.

Abbas also said that it is impossible for his clients to be the suspects because during the captivity of the four, Drilon talked to Mayor Isnaji and asked him not to backed out on the negotiations. “Isnaji is talking to the kidnappers because he was the one that was chosen by the kidnapers to be their negotiators. The kidnappers is the one insisting for Isnaji to be their negotiators, it doe not mean he is the master mind.”

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