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April 24, 2008, Manila Bulletin, Pasig City Court Orders Release of Muslim Arrested in Boracay,

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April 24, 2008, Manila Bulletin, Pasig City Court Orders Release of Muslim Arrested in Boracay,

 

BORACAY -- Suspected Boracay terrorist Muhammad Bani was ordered released from detention by a regional trial court.

 

In ordering the release of Bani, the court said the military operation to arrest the Muslim in Boracay was "doubtful, illegal and irregular."

 

Mahid Bani said his abducted brother Muhammad was a victim of "mistaken identity."

 

The Regional Trial Court Branch 69 in Pasig City under Criminal Cases Nos. 125323-42-H ordered his release from custody of Intelligence Security Group (ISG) of the Philippine Army.

 

Judge Lorifel Lacap Pahimna said, Muhammad is neither Muhalmin Abubakar Sakali a.k,a, Abu Muhalmin nor Abu Tony implicated in the instant case by military officials.

 

Initial verification at the Department of Justice's Anti-Terrorism Task Force also gave negative results on his complicity or involvement in the Dos Palmas kidnapping incident.

 

"The circumstances surrounding his arrest, therefore, is uncertain and bears the earmark of irregularity and illegality," she said in her order on April 17.

 

Operatives of the Intelligence Service of the Armed Forces of the Philippines (ISAFP) was said to have forcibly arrested Muhammad and his companion Al-Midzbar Bunajal on March 8 here.

 

They were on their way to their mosque in Sitio Ambulong, Manoc-Manoc when ISAFP operatives abducted the two Muslims.

 

Muhammad was detained at Metro Manila District Jail (MMDJ) in Camp Bagong Diwa, Bicutan, Taguig City.

 

A witness claimed Muhammad is a member of Abu Sayyaf Group, a Southeast Asia-based extremist group.

 

State prosecutors Aristotle Reyes and Nestor Lazaro, however, stressed 28-year old witness Jalil Daligdig "has no personal knowledge insofar as the alleged participation of Muhammad Bani in the Dos Palmas incident in Palawan in 2005."

 

"If at all, the allegations of Daligdig are all hearsay ... do not deserve any merit and cannot be relied by the prosecution to warrant that Muhammad is indeed the same Abu Abaya in the information filed," they said.

 

Mahid, for his part, stressed, "the court order vindicated his family."

 

"We are peace-loving Muslims staying in the island of Boracay working hard to earn a decent living for our children," he added. (Boy Ryan Zabal)

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