CEBU, Philippines - The lawyer of suspected cult leader, Casiano Apduhan, Jr., has filed a motion seeking judicial determination of probable cause on the cases filed against his client.
Lawyer Danilo Yap said that their camp has filed the motion last week, stressing on Apduhan’s innocence over the charges of serious illegal detention and illegal possession of firearms.
The Cebu Provincial Prosecutor’s Office earlier elevated the charge of serious illegal detention, a non-bailable offense and illegal possession of firearms before the court after finding probable cause against Apduhan.
Yap told The FREEMAN that the cases filed against his client were handled by Judge Hermes Montero of Regional Trial Court Branch 59 in Toledo City. He added that state prosecutor Jasmin Despi is given ten days to file their comment on the motion.
The motion will be heard on May 6, 2014 at 2 p.m.
Yap stated that Emma Nepomuceno, categorically said in an earlier interview after she was rescued by the National Bureau of Investigation-7 that she was not detained by the Apduhan.
Apduhan allegedly detained Nepomuceno for more than five years in his residence in Laray 3, barangay Buanoy, Balamban, Cebu.
But Yap pointed out that Nepomuceno reportedly said that she went to the residence of the Apduhan on her own will and was not forced to stay in the house.As to the two paltik caliber .38 revolver recovered by the NBI during the implementation of the search warrant, Yap said he believes his client does not possess the firearm.
Apduhan and his driver, Victor Fajardo, were arrested by the NBI and Special Weapons and Tactics team pursuant to the search warrant issued by Judge Montero.
Fajardo was eventually released from the custody of the NBI after the Prosecutor’s Office cleared him from the charges. Apart from allegedly detaining Nepomuceno, Apduhan was also accused of killing a 15-year-old boy, Angelo Repuela, who was found buried deep inside a 30-foot tunnel under his residence.
Ritchie Fajardo, a resident of Laray III, Buanoy said he knew the parents of Angelo, a native of Aparco, Naga City, Cebu, who were also followers of Apduhan, whom they called Diyos Amahan or God the Father.
He added that they knew of the death of the boy when it was brought to a villa inside the residence and when Apduhan ordered for them to place the body, wrapped in a brown blanket, underground.
“We went down to the tunnel and placed the dead body into a small cave inside the tunnel. Then upon the instruction of Tatay, we cemented the entrance of the small cave,†the affidavit further reads.
Apduhan denied detaining Nepomuceno and killing the 15-year-old boy. — (FREEMAN)