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Bali bombing suspect Umar Patek could still be charged under the 2003 Antiterrorism Law — but not for the heinous 2002 attack on the resort island, a police source said on Friday.

The source, from Densus 88, the National Police’s elite counterterrorism unit, said the terrorism charges would apply to his suspected role in providing shelter and a bodyguard for terrorist Dulmatin during 2009 and 2010.

“Patek was here in Jakarta together with Dulmatin,” the source said. “He provided him with a rented house in Pamulang [in Tangerang] during this period. He also provided weapons for Dulmatin, which were then used at a paramilitary training camp in Aceh.”

The source said Patek also appointed a militant from the Philippines, identified as Hasan Nur, also known as Blackberry, to protect Dulmatin. However, Hasan was gunned down by police shortly after Dulmatin was killed in a shootout in Pamulang in March last year.

If charged under the antiterrorism law, Patek faces a jail sentence of up to 15 years for aiding a terrorist act, or the death penalty for providing firearms and explosives for terrorist activities.

As for the 2002 Bali bombing, in which 202 people were killed, Patek will likely be charged with murder under the Criminal Code, the source said.

The antiterrorism law was drawn up after the bombing and cannot be applied retroactively.

The source added that Patek could also be charged with murder for the Christmas Eve bombings of several churches in 2000, as well as immigration offenses for the use of a fake passport.

Intelligence analyst Dynno Cresbon said it was vital police use the antiterrorism law to charge Patek because under the Criminal Code, he can only be detained for three days — meaning he could be released on Saturday.

“While the antiterrorism law can’t apply retroactively, meaning it won’t work for the Bali bombing, the police can still charge Patek for harboring known terrorists, so that they can bring the antiterrorism law to bear,” he said.

He also said the police might get convicted Bali bomber Ali Imron and the four French citizens who were arrested with Patek to testify against him.

“They reportedly admitted to helping him in a series of attacks, perhaps also the Bali bombing, so if the authorities can get them to testify from Pakistani custody, then they can build a strong case against Patek,” he said.

National Police spokesman Insp. Gen. Anton Bachrul Alam said Patek had been cooperating with investigators since his repatriation from Pakistan, where he was arrested in January. He said Patek admitted he had assembled bombs but gave the detonator to his accomplices, as well as confessed to the 2000 attacks.

“He has confessed to helping assemble the bombs for the Bali bombing, and worked with Azahari,” he said, referring to Azahari Husin, the slain bomb expert believed to have made the explosives used in the 2002 bombings.

Anton said the police now intended to expand their investigation into the Aceh training camp, which was believed to be preparing for a Mumbai-style attack, which involved a series of gun and grenade assaults.

Additional reporting by AFP