DOJ denies Isnajis' petition over alleged role in kidnap case

MANILA, Philippines – Justice Secretary Raul Gonzalez has denied the petition for review filed by Indanan, Sulu Mayor Alvarez Isnaji and his son Haider whose indictment for their alleged participation in the kidnapping of ABS-CBN journalist Cecilia Drilon and her crew was recommended by the National Prosecution Service’s Task Force Anti-Kidnapping for Ransom (NPS-TFAKR) last July 18.

Isnaji and his son later appealed the recommendation for indictment arguing that they merely acted as negotiators for the release of Drilon and her crewmembers Jimmyfred Encarnacion and Angelo Valderama.

Their appeal, however, was denied by the NPS-TFAKR on Aug. 14, prompting them to file a petition for review at the Justice Department.

Drilon and her crew were kidnapped by Abu Sayyaf bandits last June 8 while following a story in Sulu.

In his 11-page resolution, Gonzalez said he agrees with the NPS-TFAKR that facts and circumstances exist which “manifest the probability of guilt of the respondents-appellants (Isnaji and his son).”

“While it may be argued that the respondents-appellants did not personally kidnap or detain the victims, their conduct demonstrates a conscious design to commit the crime of kidnapping for ransom, together with the kidnappers themselves,” Gonzalez said in his resolution.

In its 27-page resolution, the NPS-TFAKR ruled that it found evidence to link the Isnajis to the kidnapping after conducting a preliminary investigation based on the complaint filed by the Philippine National Police’s Criminal Investigation and Detection Group (PNP-CIDG).

According to the PNP-CIDG, Mayor Isnaji pocketed P3 million from the estimated P15 million ransom paid to the bandit Abu Sayyaf group for the safe release of Drilon and her crew.

“It has become too obvious that respondents (Isnajis) each took an active role as alleged negotiators with respondent Haider Isnaji appearing to have first hand knowledge of the activities of the kidnappers,” the NPS-TFAKR resolution added.

“We find it unusual that Haider appears to know even the minutest detail of what the kidnappers wanted. Although continually professing his innocence, the behavior he exhibited seems to favor the kidnappers than the hostages,” the resolution added.

The NPS-TFAKR also said that while the Isnajis claim to have joined a concerted effort to secure the safe release of the victims, they “have all the earmarks of favoring the kidnappers.”

The NPS-TFAKRl said the Isnajis had known about the delivery of the ransom, to the exclusion of the other concerned law enforcement agencies.

“Most disturbing is his act of casting doubt and aspersion over the interception from Atty. Nasser Ynawat of the P15 million ransom money by PNP Provincial Director Julasirim A. Kasim. If indeed, it was Mayor Isnaji’s sincere desire to stick to the ‘no ransom policy’ of the government, his act of demanding for the immediate release of the P15 million from Kasim gave us the permission that he was more interested in the money than anything,” the NPS-TFAKR resolution said.