Philippine Asian News Today Vol 19 No7 | Page 27

April 1 - 15 , 2017 PHILIPPINE ASIAN NEWS TODAY 27
MANILA , Philippines - One of the six Abu Sayyaf terrorists killed in a gun battle with security forces on Tuesday in Bohol was a commander and spokesman for the terror group and had taken part in the kidnapping and beheading of two Canadians and a German in the past year .
The Armed Forces of the Philippines ( AFP ) and the Philippine National Police ( PNP ) confirmed yesterday the death of Maumar Askali , alias Abu Rami , in clashes with soldiers and policemen in Sitio Ilaya , Barangay Napo in Inabanga , Bohol last Tuesday .
“ First , we have sources inside that initially told us that Abu Rami was among those killed during the encounter and secondly , we compared the picture of Abu Rami to the picture of slain Abu Sayyaf there in Inabanga and they resembled 99 percent ,” AFP chief Gen . Eduardo Año said in a press briefing at Camp Aguinaldo .
Año said Askali ’ s death was a big blow to the Abu Sayyaf as the slain militant had been a zealous commander and spokesman , and a ruthless ransom negotiator .
“ If they have further plans to kidnap innocent people somewhere , they will now have to think twice ,” he said .
It was Askali ’ s group which snatched Canadians Robert Hall and John Ridsdel along with Norwegian Kjartan Sekkingstad and their Filipina companion , Marites Flor , from the island resort of Samal in Davao del Norte on Sept . 21 , 2015 .
Askali , according to Año , was around when his group executed the two Canadians after the family and the government failed to deliver ransom .
The slain terrorist also led the kidnapping of German national Juergen Kantner and his wife Sabine Merz while the two were sailing on a yacht in the waters of Sabah in November last year . Merz was reportedly killed trying to fight off their kidnappers .
Askali ’ s men executed

Abu hostage killer slain

Kantner last February , also for failure to pay ransom .
“ He has the capabilities of slain Abu Sayyaf leader Abu Sabaya . He was touted as the next in line to Hapilon or Sahiron of Sulu , being the staunchest advocates of Daesh ,” Año said , referring to another name of the Islamic State ( IS ).
Askali had received bomb-making training from Malaysian Zulkifli bin Hir , or Marwan , a top Southeast Asia militant leader who was killed in 2015 , according to a police profile .
It was Abu Sayyaf ’ s first known attempt to carry out kidnappings deep in the central Philippine heartland , far from the group ’ s jungle lairs in the southern provinces of Sulu and Basilan .
While the bold kidnapping attempt appears to have been foiled , the militants ’ success in penetrating the bustling region of beach resorts and other popular attractions could raise concern among tourists and businessmen .
Bohol island lies about 640 kilometers southeast of Manila and is about an hour by boat from Cebu province , a trade and tourism center which has hosted some of the meetings of the Association of Southeast Asian Nations ( ASEAN ).
Año said he could only surmise that the group was in Bohol in p r e p a r a t i o n
for another k i d n a p p i n g o p e r a t i o n during the Holy Week .
The bandits , he said , need money after failing to get ransom from the families of their executed Canadian and German hostages .
He also dismissed reports that the group could be plotting to the sabotage the scheduled ASEAN ministerial meeting in Panglao next week .
“ They are in dire need

Court affirms Pemberton ’ s conviction

Photo shows an undated photo of Maummar Askali , alias Abu Rami , a key Abu Sayyaf commander who was blamed for the beheading of the foreigners and was apparently attempting another kidnapping mission in Bohol
of money and they might be in Bohol to acclimatize in the area while targeting as many hostages ,” Año said , adding the three pump boats used by the bandits could accommodate five passengers each .( J . Laude , PS )
A regional trial court ( RTC ) in Olongapo City affirms the conviction of US Marine Joseph Scott Pemberton for the killing of Filipino transgender woman , Jennifer Laude .
In a ruling dated Tuesday ( March 29 ) the Olongapo RTC Branch 74 denied Pemberton ’ s motion to have his conviction reversed . However , it reduced the maximum sentence to 10 years from 12 . The court also denied him bail .
The court said state prosecutors presented enough evidence to show no other person , except Pemberton , could have killed Laude .
It especially gives weight to eye witness testimony that Pemberton was the last person seen with the victim before she was found dead .
On December 1 last year , the court found Pemberton guilty of homicide and was sentenced to 6 up to 12 years in prison .
Pemberton filed an appeal , insisting he should be acquitted .
He argued that the court failed to appreciate evidence showing another person killed Laude after Pemberton had left her in the motel room where they were staying .
In his motion for reconsideration , Pemberton also asked the court to clarify his sentence .
His lawyers said the maximum sentence should only be ten years considering the mitigating circumstances in their client ’ s case .
In its 2015 ruling , the court noted two mitigating circumstances — first , passion and obfuscation , and second , intoxication .
Acting on passion and obfuscation essentially means that the crime was conducted out of impulse or rage and was not necessarily premeditated . In its guilty verdict last December , the court noted that Pemberton was “ in the heat of passion ” before he arm-locked Laude . The marine neither had full control of his faculties because he was drunk .
CNN Philippines ’ “ New Day ” host Atty . Karen Jimeno explained on Monday ( April 4 ) that the reduction of the sentence is within the power of the court .
“ In this case , Pemberton ’ s lawyers can still appeal to the Court of Appeals if there were errors in the appreciation of law and the appreciation of facts .”
Based on these mitigating circumstances , the court lowered the maximum sentence to ten years .
The decision says , Pemberton shall “ suffer an i n d e t e r m i n a t e sentence of six ( 6 ) years ofprision correccional as indeterminate minimum penalty and ten ( 10 ) years of prision mayor as indeterminate maximum penalty with full credit for the period of his preventive imprisonment pursuant to Article 29 , Revised Penal Code .”
The court also said that since he has already been convicted , Pemberton can no longer be presumed innocent . This removes his right to bail .
Laude ’ s camp , pleased but not too happy
Laude family ’ s counsel ,
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The Olongapo RTC Branch 74 denied Pemberton ’ s motion to have his conviction reversed .
Atty . Harry Roque , in an interview with CNN Philippines said that their camp is “ very pleased ” that Pemberton ’ s conviction was affirmed by the Olongapo RTC .
“ This is already justice for the family ,” Roque said .
But Roque also said the family was not too happy that Pemberton ’ s penalty was reduced .
“ We ’ re not too happy that the penalty was lightened by two years . Nonetheless , because the penalty is still 6 years to 10 years , Pemberton is sure to spend time in jail .
Because under the rules on probational parole , only those convicts with penalties that would exceed six years and one day are qualified for early release on parole . So in that sense , we feel that justice is due to our client .”
Roque also added , the Laude family will make sure that Pemberton would remain behind bars for the entire duration of the penalty imposed on him .
( AC Nicholls CNN Philippines ’ JC Gotinga and Fiona Nicolas contributed to this report .)