Court orders release of Dos Palmas kidnap suspect

A man accused of being a member of the Abu Sayyaf Group was ordered released from detention yesterday by the Pasig City regional trial court (RTC) for lack of evidence.

Judge Lorifel Pahimna, of RTC Branch 69, directed officials of the Bureau of Jail and Management (BJMP) to free Muhamadiya Hamja, one of the accused in the 2001 kidnapping of guests at the Dos Palmas resort in Palawan. Twenty guests, including three Americans, were abducted.

The release of Hamja came after his lawyer filed a demurer to evidence before the court.

"The jail warden is hereby directed to immediately release Muhamadiya Hamja from custody unless being held for some other unlawful cause of charges against him," Pahimna stated in the order.

In the demurer, the defense panel argued that evidence presented were weak and not enough to bolster the kidnapping case against Hamja.

"In effect, they asked the court to dismiss the case for lack of strong evidence against the accused," a court lawyer said.

In the same demurer filed last June 20, the lawyers of the accused argued that in the testimonies of the witnesses and the voluminous exhibits presented, not one pointed to Hamja.

The suspect was one of several men arrested following the Dos Palmas incident.

Two years ago, another Pasig judge ordered the release of several suspected Abu Sayyaf bandits allegedly involved in the kidnapping of teachers in Tumahubong, Basilan, also for lack of evidence.