August 28, 2003, The Philippine Star, Philippine probe blames negligence, not conspiracy for al-Ghozi escape,

August 28, 2003, The Philippine Star, Philippine probe blames negligence, not conspiracy for al-Ghozi escape,

There was no conspiracy in the 14 July escape of Fathur Rohman al-Ghozi from Camp Crame, the fact-finding body headed by former Justice Secretary Sedfrey Ordonez declared. Rather, the convicted terrorist and two Abu Sayyaf cohorts were able to break out because the jail guard was sleeping. "From all indications, it is the commission's conclusion that there was no conspiracy/collusion between any of the officers and men of the intelligence group and the escapees," read the Ordonez Commission's 56-page report to President Arroyo.

The commission recommended that charges of negligence in the custody of prisoners be filed against the jail guard, Police Officer 1 Ronald Palmares, as well as Superintendents Reuben Galban, Carlito Natanuan and Guillermo Danipog; Senior Police Officers 3 Ruperto Principe Jr and Buenegardon Campo; and Chief Inspector James Dime. Palmares, Danipog, Dime and Principe, who were on duty when al-Ghozi bolted jail, were earlier charged with evasion through negligence, a crime punishable under the Revised Penal Code (RPC).

Palmares, Dime, Principe and Campo also face charges of violating Article 171 of the RPC, or falsification of public documents. On the other hand, Galban was accused of violating of Section 3 of RA 3019, the Anti-Graft and Corrupt Practices Act, in relation to article 224 of the RPC, or infidelity in the custody of prisoners. Galban, chief of the PNP's [Philippine National Police's] foreign liaison office, and Natanuan, commander of the intelligence group, have been relieved from their posts. Palmares had denied in an affidavit submitted to the Ordonez Commission that he had been sleeping on the job as his superiors had alleged.

Ordonez said the commission gave weight to the information of "construction defect" on al-Ghozi's jail cell, from where Abu Sayyaf leader Hector Janjalani had also escaped. "He (Janjalani) passed through the ceiling and so the authorities decided to place steel bars at the ceiling and if they had known that there was any defect on the cell door, they could have easily have repaired the cell door as well," he said.

"This led us to believe that there really was a design defect, if not construction defect, because by simply inserting one's hand between the bars and moving the barrel bolt, the entire door could be open. So we came to the conclusion that there was no collusion with respect to the escape itself." However, the commission faulted the PNP for not immediately reporting al-Ghozi's escape to the president. "But we find there was some fault in the events that transpired after," the commission's report said.

"The president was kept in the dark until after lunch of (14 July). A thing of such importance would have been relayed to the Office of the President who could have issued appropriate instructions to authorities, especially considering the fact that al-Ghozi was able to reach Mindanao by means of land route." The commission absolved Philippine National Police chief Director-General Hermogenes Ebdane Jr from any charge of command responsibility.

"Personally, I found that the actions of Gen Ebdane as commendable because at the outset when he learned about it, it was a normal reaction for him to assume that everyone who were on duty on that occasion must be suspect," said Ordonez. "And that's why the Commission felt that we should commend him for the fact that he (Ebdane) started (on) a premise of having everyone suspect until the figure of suspicion (is) drawn away from them."

Presidential Spokesman Ignacio Bunye said Mrs Arroyo has approved the recommendations of the Ordonez Commission and ordered Ebdane to immediately implement them. "We don't see any obstacle to the implementation of the recommendations," he said. "There are prosecution of some officials. The president has not given any indication other than to allow the release of the report at this time."