Abu Sayyaf member convicted of murder over 2001 attack on Samal Island resort

A Taguig court has convicted a member of the Abu Sayyaf group of murder and homicide over the deaths of two resort employees in an attack on Pearl Farm Beach Resort in Samal, Davao del Norte in 2001.

Hasim Alibasa Radjuli, alias Hassiem, was found guilty of murder for the death of resort security guard Jimmy Culam and of homicide for the death of employee Rolando Jara, according to a December 3 decision by Judge Marivic Vitor.

He was sentenced to reclusion perpetua and to between eight years and one day and 14 years, eight months and one day for each offense, respectively. He was also ordered to pay a total of P410,000 in damages.

He was acquitted of the crime of piracy.

In a 14-page ruling, the judge said the prosecution's case was built on the testimony of one Julashrey Abtani, who said that he and Radjuli were among the 23 armed men who raided Pearl Farm in May 2001.

Radjuli's alibi—that he was in Sulu at the time of the commission of the crime—"crumbled in view of Abtani's positive identification," the judge wrote.

The judge was convinced that the prosecution established that Radjuli killed Culam, the security guard, with "abuse of superior strength," as the "overpowered" victim was armed with only a short firearm when he was shot at by the raiders using an M203 armalite, a 50 caliber gun, two M16s and two M14s.

On the other hand, the judge observed that "abuse of superior strength" could not be considered a quality in the killing of Jara, the resort employee, as Abtani, one of the witnesses "never explained in his testimony how Rolando Jara was killed," among others.

"There was not even [a] statement as to how many gunshot wounds he sustained so that the attack against him could at least be approximated. There is nothing to sustain even any speculation of possible use of strength against him by the group," the ruling stated.

As to the charge of piracy over the group's alleged seizure of a watercraft to escape to Malita, Davao del Sur after the attack, the court decided that the prosecution failed to prove the essential elements of the crime—force, intimidation and violence—beyond reasonable doubt.

While it acknowledged the testimonies of Rolando Basalo and Wennie Duran that they were intimidated into accompanying the Abu Sayyaf raiders in escaping, the court held that "they were intimidated not so much as to take personal property from their possession i.e. the vessel MV Teresita 2, but for them to join the group in taking said vessel."

The intimidation must be on the person from whom the vessel was taken, the court said.

"In point of fact, the two are not the owners, crew, complement or passengers of MV Teresita 2," the judge wrote.

"They are not even the possessors of said vessel. The vessel was not taken from them forcibly or by violence nor with force upon things. The vessel was not taken from them at all." — BM, GMA News