Pubdate: Thu, 08 Sep 2005
Source: Sun.Star Cebu (Philippines)
Copyright: 2005 Sun.Star
Contact:  http://www.sunstar.com.ph/cebu/
Details: http://www.mapinc.org/media/1690
Author: GN
Bookmark: http://www.mapinc.org/meth.htm (Methamphetamine)
Bookmark: http://www.mapinc.org/areas/Philippines

CHANGE DRUG BUST SYSTEM, COPS TOLD

If the Talisay City police force doesn't change its methods in
conducting shabu buy-bust operations, they would not win the criminal
cases they file against those arrested, said a Regional Trial Court
(RTC) judge.

RTC Branch 58 Judge Gabriel Ingles said Talisay City policemen
reportedly do not witness the actual transaction, but only wait for
the pre-arranged signal to rush to the scene and arrest the suspect.

But Judge Ingles said this is irregular because the policemen who
testify in court cannot establish the guilt of the accused, unless
they saw the transaction.

The proven way to win a criminal case is to present the one who sold
the shabu, usually a police asset.

But, in most cases, the police do not present their assets in
court.

Such was the case with Bobby Badinas, recently acquitted by the court
because the two policemen who testified did not see the buy-bust.

SPO3 Ricardo Echavez and PO2 Remberto Empeynado had told the court
they only rushed to the area, after their asset made the pre-arranged
signal for the police to arrest the accused.

But even if the evidence was insufficient, the prosecution did not
present the police asset who actually sold the packet of shabu to Badinas.

Judge Ingles, in dismissing the case against Badinas, said the
prosecution failed to convince the court that a buy-bust operation was
conducted.

"Even granting arguendo that the poseur-buyer is for real, the court
cannot be certain under what circumstances the marked money was
received by the accused because, as already stated, the poseur-buyer
did not testify. The police officers, presented in court, did not see
the actual transaction," the ruling read. 
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