Man acquitted of drug raps after 8 years-A A +A
Friday, October 26, 2012
THE Regional Trial Court (RTC) acquitted Friday a man arrested for selling suspected “shabu” eight years ago.
In a 17-page decision, RTC Branch 9 acting presiding judge, Rowena Apao-Adlawan, acquitted Haron Abdullah Macmod for failure of the prosecution to comply with the chain of custody under section 21 of Republic Act (RA) 9165 or the “Comprehensive Dangerous Drugs Act of 2002.”
Macmod, farmer, and a resident of Bagua 3, Cotabato City, was arrested for selling a sachet of shabu weighing 2.34 grams to a police who acted as poseur buyer at a parking lot of a mall along Quimpo Boulevard, Davao City on July 27, 2004.
He was charged with violation of section 5 of RA 9165.
“But nowhere in the records of this case where the prosecution and the defense stipulated on the supposed testimony of these two persons who were part of the link of the chain,” the decision of the court reads, referring to the two cops who were mentioned by the arresting officer when he testified.
The court questioned the assurance that the shabu in custody of the arresting officer was the same illegal drugs presented in court “without these persons in the chain being presented.”
Adlawan said the pictures taken during the conduct of the inventory of drugs at the PNP Crime Laboratory were not presented before the court.
“No explanation was given why the prosecution failed to present the same. The Court cannot speculate as to the reason,” the decision reads.
The court ordered the Davao City Jail warden to release the accused. (Arianne Caryl N. Casas)
Published in the Sun.Star Davao newspaper on October 26, 2012.