Court to cops: Release Boniel

CEBU, Philippines - The Regional Trial Court in Bohol has ordered the police to release Provincial Board Member Niño Rey Boniel and his co-accused in the criminal charges for the death of his wife.

The police, however, refused to receive the copy of the court order yesterday owing to technicality, said Niño Rey’s lawyer, Handel Lagunay

“What happened is that because the respondent man gud nga nakabutang sa petition is Police Senior Supt. Felipe Natividad, the provincial director of Bohol, they refused to sign the receipt but we left a copy sa office…and I hope na they could talk among themselves na at least ma-given honor ang order sa court to release Board Member Boniel and Randy Lupas,” he said.

Niño Rey’s camp has questioned his arrest in the absence of a warrant.

He was invited to Camp Dagohoy in Tagbilaran City and was eventually told that he was under investigation and was arrested with no warrant.

Lagunay claimed Niño Rey has been detained for more than 36 hours and the 36th hour was at 7 a.m. Friday.

Meanwhile, Lagunay said the police do not have basis to continue detaining Niño Rey’s driver, Randy Lupas, as the latter has not been included in any complaint.

“Randy man gud, wala siya magpirma og waiver and not included in any complaint. There’s no reason for the police authority to continue detention ni Randy Lupas,” Lagunay said.

The court’s ruling on Niño Rey’s petition for habeas corpus reads:

“Wherefore, in view of all the foregoing, the instant petition is hereby GRANTED. The respondent P/SUPT. Felipe Natividad or any person acting under his command is hereby ordered to release the petitioners Niño Rey Boniel and Randel Lupas immediately after receipt of this order otherwise he or any other person acting for him may be cited in contempt of court for failure to obey this court’s lawful order.”

Plea

Meanwhile, Niño Rey’s cousin, Reolito "Etad" Boniel, who tagged him as gunman, is urging the Board Member to admit to the crime.

Reolito said he regretted obeying Niño Rey for him to help dispose of Gisela’s body. He reportedly helped the Niño Rey by maneuvering the boat used to dispose of Gisela’s body at sea off Lapu-Lapu City last June 7.

He said that after Niño Rey shot Gisela, the Board Member asked him to help carry and throw Gisela’s body into the sea.

Gisela’s body was reportedly wrapped with a fish net embedded with rocks that weigh around 30 kilograms.

"Nakahinangak ko og dala sa pumpboat kay diha naman ato nga iyahang gipadayongan si Mayora. Wa na ko kabalibad kay nahadlok man ko nga pusilon kay nag-gunit man siya og pusil. Ako pa lang nya'y isunod," he added.

He admitted that Niño Rey gave him P10,000 for him to keep quiet but he and wife refused to accept the money. The money is now with the police.

"Kana laging ig-text niya nako nga 'gaw ari diri' kay naay isugo lagi...karon wa man ko magdahom nga ingun ana diay ang iyahang gidangatan. Nag-plano na siya daan ni Mayora Boniel nga iyaha diayng patyon," Reolito said.

He said Niño Rey had asked him to carry out some duties like patrol the waters in Bien Unido against illegal fishing.

He said he has asked for security for his family but the Regional Intelligence Division Office of Police Regional Office-7 has also allowed him to return home.

"Adto ko balik sa akong pamilya aron di mabalaka nako kay naa ra man ko sa Cebu," he said.

Reolito said he is ready to face his cousin in court.

Charges of kidnapping and serious illegal detention have been filed against Niño Rey at the Tagbilaran City Justice Hall in Bohol last Friday.

"O, andam ko niana. Ato ra na makita kay tua man akong affidavit nga akong gihatag sa husgado. O, akoa ning barugan," he said.

He said the boat the police recovered in Bien Unido was not his.

"Di na akoa ang banca. Banca na sa iyahang tawo nga gipa-prepare daan nga maoy sakyan. Plano gyud na siya," Reolito said.

Still Missing

The body of Gisela remains missing.

Authorities suspended the search and retrieval operations for the lack of equipment intended for deep-sea diving, an official said.

Lt. Mark Colina, commanding officer of the Naval Special Operations Unit 5, said that based on their assessment, Gisela's body was dumped into much deeper waters.

"Based from the initial assessment that was given to us by the one who threw the body to the sea, and when we locate it based on the map, it shows that is around 217 meter or around 700 feet," Colina told reporters.

Technical equipment like underwater robots are the best means to scour the deep sea because it is beyond the limit of a person or the technical divers due to low pressure.

"No individuals or any technical divers could each that depth. We could not dive to that (kind of) depth," Colina added.

The Navy reportedly has underwater equipment but Colina said he is yet to see if the equipment is available.

"In diving operations, you just don't go there (at the sea) and (then) just dive. We are going to plan (and prepare for this, especially on that (kind of) depth," he said.

The Lapu-Lapu City Police Office has asked police stations near coastal areas to keep watch as it is possible that the body will be washed ashore.

"Kung asa ang current, didto gyod na siya maabot. Ang current, ingon sa mga divers, padung sa Camotes Island. Nakig-coordinate ta sa Regional Office nga tana PNP offices naka-alerto basin molutaw ang lawas," said Senior Supt. Rommel Cabagnot, director of the Lapu-Lapu City Police Office (LCPO).

"Mao gyud na ang atong goal na makuha ang lawas para maresulba na kining kaso," Cabagnot said. — /JMO (FREEMAN)