Oguto’s drug case is closed, says NBI

Thursday, February 2, 2012

THE National Bureau of Investigation (NBI) in Central Visayas considered “closed” the case of Kenyan tourist Asha Atieno Oguto, who was convicted on Monday by a trial court in Lapu-Lapu City for transporting illegal drugs into the country in September last year.

NBI 7 Deputy Director Lauro Reyes said Oguto was keeping a tight lip throughout the trial until Judge Toribio Quiwag handed down her conviction for violating Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002.

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Reyes said they were not able to get from Oguto vital information, including the supposed local recipient of about three kilos of shabu, which could have aided investigators.

In his ruling issued last Monday, Toribio, presiding judge of the Regional Trial Court Branch 27 in Lapu-Lapu City, sentenced Oguto to life in prison and a fine of P3 million.

Toribio said the prosecution proved the legality of the operation that eventually led to the arrest of the Kenyan national.

The judge pointed out that Oguto admitted during the trial that she owned the brown bag containing illegal drugs.

Ricardo Amores, counsel for Oguto, said they plan to seek a review of the court ruling before the Supreme Court.

Seized

Ogutu was arrested in the Mactan Cebu International Airport upon her arrival from Doha, Qatar at 4:30 p.m. last Sept. 29, 2011. The suspected shabu was found in two 1.5-kilo packs under the lining of her trolley bag.

A case for violation of Section 5 of Republic Act (RA) 9165, or the Comprehensive Dangerous Drugs Act of 2002, was subsequently elevated to the RTC in Lapu-Lapu City after Oguto declined to undergo the preliminary investigation.

Oguto, in her previous interview, said a certain Josh approached and told her that her backpack didn’t look good, so he replaced it with the travelling bag.

Oguto also said a man, whom she only identified as Ray, processed her documents and arranged for her stay in Cebu.

She revealed that she was only supposed to be in Cebu for a week-long vacation and had to call another Kenyan living in a hotel in Lapu-Lapu City upon her arrival.

Oguto said it was Ray who informed her to call the other Kenyan when she arrived in Cebu.

Punishment

Sec. 4 of RA 9165 imposes the penalty of life imprisonment to death and a fine ranging from P500,000 to P10 million upon conviction. The diplomatic passport of the convict will also be confiscated and canceled.

Although no vital information, such as the supposed drug syndicate she is involved with, was extracted from Oguto, lawyer Reyes of the NBI 7 said that what matters most is that the attempt to transport illegal drugs into the Philippines was aborted.

Reyes said they hope the conviction of Oguto will send a message to other tourists that local authorities are keeping an eye on drug traffickers.