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De Lima: No charges yet for killers of 9 PNP-SAF men in Mamasapano incident


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(Updated 2:24 p.m.) No charges can be filed yet over the deaths of nine PNP-Special Armed Forces commandos during the Jan. 25 clash in Mamasapano, Maguindanao, Justice Secretary Leila de Lima said Thursday.

At a press conference, De Lima said investigation conducted by the National Bureau of Investigation and the National Prosecution Service showed that nobody could identify the armed men behind the deaths of the nine SAF commandos from the 84th Seaborne Company in Pidsandawan.

"Wala po tayong puwedeng makasuhan at this point dahil wala ho talagang nakapag-identify sa mga naka-engwkentro nitong 84th Seaborne commando sa Pidsandawan ng ginagawa nila ang hot pursuit sa kinalalagyan ni Marwan," she said.
 
The nine were among the 44 SAF commandos killed while the police commandos were trying to arrest international terrorists, including Malaysian terrorist Zulkifli Bin Hir alias Marwan.

Marwan was killed in the operation but Basit Usman was able to escape. Usman was subsequently killed in an encounter with Moro Islamic Liberation Front fighters in May. 

No eyewitness yet
 
At the same press conference, De Lima said the investigators have yet to come across an eyewitness who could positively identify any of the armed men involved in the Pidsandawan clash.

"There's a crime committed but no identity of asssailants," she said.
 
The NBI-NPS last September filed criminal complaints against 90 individuals behind the deaths of the 35 other SAF commandos who belonged to the 55th Special Action Company. Among those charged were commanders from the MILF, the Bangsamoro Islamic Freedom Fighters, and private armed groups (PAGs).
 
De Lima, however, clarified that the suspects in the deaths of the 35 SAF commandos could not immediately be blamed for the deaths of those from the 84th Seaborne Company.
 
"Hindi tayo puwede mag-conclude na dahil may na-identify na ilan-ilang MILF, BIFF at PAGs na sila ang responable sa pagkamatay nung 35 commandos sa 55th SAF ay hindi natin puwede sabihin na the same people are also responsible for killing of the members of the 84th Seaborne," she said.
 
De Lima said not even the survivors from the 84th Seaborne were able to categorically identify the people they clashed with.

De Lima also confirmed there were certain "walk-in individuals" who presented an "alternative version" of the encounter in an attempt to "muddle the investigation." 
 
She said investigators doubted the individuals' claims, especially after they refused to submit sworn statements.

No charges vs. SAF survivor Lalan 
 
Meanwhile, De Lima also revealed criminal charges cannot be lodged yet against PO2 Christopher Lalan, the survivor accused of killing several civilians and praying MILF members in Mamasapano.
 
De Lima said investigators failed to establish a "corpus delicti," or first proving that a crime has been committed before charging or convicting anyone of a crime.
 
"Walang nakapag submit... even the families [to prove Lalan killed anybody]. Kahit sino walang maituro," said De Lima.

No direct US participation in clash

At the same time, De Lima said investigation showed that American troops had no direct participation in the actual combat during the encounter.

She said the Americans' role was limited to intelligence sharing and medical assistance to the Filipino soldiers.
 
The Justice secretary reiterated an earlier statement that there was no American casualty during the armed clash, adding that the slain "Caucasian-looking" solider seen in a viral video could have been mistaken for an American since some SAF members were fair-skinned. —RSJ/KG, GMA News