THE Department of Justice has begun hearing the appeal of the Philippine National Police on the dismissal of criminal charges against the arrested Egyptian national tagged by authorities as a “commander” of the international terrorist group Islamic State.
During the hearing on Monday, Senior Assistant State Prosecutor Peter Ong presented evidence counterveiling the allegations of the PNP against Fehmi Lassqued and his Filipina live-in partner Anabel Salipada.
Ong specifically cited closed circuit television footages, which showed that Lassqued was arrested at the garden of Ayala Triangle in Makati City last Feb. 16, contrary to the claim of the police that he and Salipada were nabbed at an apartment in Adriatico Street in Ermita, Manila on the same day where unlicensed .45 caliber pistol and four pipe bombs were seized from them.
Ong noted that those who arrested the two were not the same persons who claimed to have arrested the respondents.
In its resolution last month, the DoJ dismissed the charges of illegal possession of explosive devices and firearms against Lassqued and Salipada for lack of probable cause.
The DoJ held that the PNP failed to prove its allegation that explosive devices, including four pipes, two batteries, three capacitors, two integrated circuits, three battery clips and 11 resistors and also the .45-caliber pistol and ammunitions were seized from the couple during their arrest.
The respondents conceded that the photographs of the seized items—which were among the evidence submitted by police—were taken inside the apartment, but stressed that those did not include the arresting officers and the suspects.
The DoJ noted that two other photographs, which showed the suspects with the seized items, were not taken inside Room 409 due “to the difference between the backgrounds of said photographs and earlier five photographs.”
“This supports the story of respondents that Fehmi Lassqued was not present inside Room 409, on February 16, 2018, during the implementation of SW M. 18-003, and further support (sic) Lassoued’s story that he was later brought to an unfamiliar room with the seized articles,” the resolution ruled.