NBI officer-in-charge Nestor Mantaring and the National Anti-Crime Task Force (NACTF) filed charges against BI Intelligence Division chief Faizal Hussin, former acting chief of the BI-Civil Security Unit, Superintendent Wendy Garcia Rosario and Senior Inspector Noel Campos Espinosa, former acting warden of the BI-Bicutan Detention Center (BDC) in Taguig.
BI personnel charged in connection with the escape of Chinese national Zhang Du were Alex Pinon Bolado, a contractual confidential agent; Joselito Mati Pagaduan, a former confidential agent assigned at the Bicutan Detention Center; and Immigration officer Allan Reyes, assigned at the Ninoy Aquino International Airport (NAIA).
Also included in the charge sheet were Jayamaha Mudalege Don Keerthi Jamayaha, alias Keerthi, a detainee who allegedly acts as a "go-between" BI personnel and the detainees seeking special favors; Zhang’s wife Wen Yueming, alias Josie; and one Engelbert Ng Sy.
Charges of violation of Republic Act 3019, covering the Anti-Graft and Corrupt Practices Act, falsification of public documents and obstruction of apprehension and prosecution of criminal offenders were filed against all nine respondents.
An additional charge of conniving with or consenting to evasion was slapped against BI officials and personnel.
NBI-Special Task Force chief Director Reynaldo Esmeralda said they filed the charges against the nine suspects with the Office of the Ombudsman yesterday morning.
The 35-year-old Zhang, also known as Wilson Zhang, was one of seven men who allegedly abducted Jackie Rowena Tiu four years ago.
They initially demanded $1 million from her family, which owns a hardware company in La Union. The amount was later reduced to P10 million.
The suspects were arrested by members of the defunct National Anti-Kidnapping Task Force (NAKTF), but Zhang’s participation was reduced from principal to accessory.
"While all the suspects were initially charged as principals in the kidnapping case, the assistant city prosecutor downgraded the participation of two of the respondents, including Zhang Du, to accessories which enabled them to post bail," Esmeralda said.
On April 18 of this year, Hussin requested for a record check on Zhang.
The NBI Interpol Division replied that he had a derogatory record because of the kidnapping for ransom case which was then pending with Branch 27 of the San Fernando court. The case was transferred to the Manila Regional Trial Court last month.
The NBI clearance was later forged and had indicated that Zhang had no derogatory record.
"Atty. Hussin’s purpose for conducting record check on Zhang in April 2005 was for deportation. Being the BI chief of intelligence, he knew fully well that Zhang had a pending case for kidnapping in San Fernando City," Esmeralda said.
Hussin earlier said someone had requested for a record check on Zhang.
"Atty. Hussin should have been prudent enough to warn Superintendent Rosario about the plan, but he never did. What’s worse is that he did not know that Zhang was already deported last May 7 and this came to his knowledge when the illegal deportation of Zhang was discovered in August," Esmeralda said.
Keerthi, the detainee, stated in his Nov. 11 statement that he was issued a two-day gate pass (May 6 and 7) that was allegedly approved by Rosario. Zhang allegedly told Keerthi and his escorts Bolado and Erwin Librojo to meet with Sy in Binondo.
Sy allegedly handed over P50,000 to Keerthi for Zhang’s plane ticket. Sy reportedly handed over P50,000 to Keerthi for Zhang’s plane ticket.
Keerthi later met with one Sinnarasa Kuselakumar, alias Pushpa, and gave him half of the amount to purchase Zhang’s plane ticket.
On May 6, Espinosa signed the escort order.
Pushpa went to the hotel where Keerthi was staying and gave him the deportation papers while the clearances were turned over to Librojo. The deportation papers, including fake clearances, allegedly came from Wen.
The following day, they fetched Zhang at the BI-BDC. Keerthi was instructed to hand over the deportation papers and clearances to Pagaduan. It also contained a Chinese passport, clearances from the NBI, Philippine National Police (PNP) and the Regional Trial Court, photocopy of the passport and BI receipt .
The guards on duty at the BDC at that time were Godioso, Pagaduan and one Richie Galvadores.
Galvadores claimed Rosario knew of Zhang’s deportation, saying that when they called up the CSU chief for verification, he allegedly replied: "Alam ko na iyan at i-logbook ninyo na lang iyan."
At 10:30 a.m., Zhang was escorted to the airport by Librojo and Pagaduan while Keerthi and Bolado stayed at the Cherry Blossom Hotel.
Reyes, on the other hand, despite the hold departure order and absence of proper clearances from the court still allowed the suspect to leave the country.