Sunday, April 22, 2007 `Incompetence' of anti-narcotics agents leads to case's dismissal
A CASE INVOLVING the sale of and possession illegal drugs was dismissed by the city's Special Drugs Court due to the "incompetence and ineptitude of arresting police officers."
In a six-page decision, Regional Trial Court Branch 61 Presiding Judge Antonio Reyes dismissed the case against Jimmy Tong, saying agents of the Philippines Drug Enforcement Agency-Cordillera failed to show proof that Tong was responsible in the sale of 0.4 gram of shabu.
Court records showed that Tong was caught selling shabu to PO2 Erwin Garcia in a buy bust operation August 21, 2005 while on board a taxicab.
Records further revealed that PDEA was supposed to arrest a certain Alan Nider but because the taxicab that he was riding eluded authorities, Tong, who supposedly was with Nider that night, was the one arrested instead.
But the court acquitted the accused, saying it is more inclined to believe Tong's claim that he became a scapegoat, because at that time, he was merely taking a walk when the alleged "operation" took place.
"This court questions the conduct of the operations which appear to be a sloppy one. The PDEA agents appear to be ill-prepared for any serious eventuality on the outcome of their operation," the court stressed, pointing out that if there is truth to the claim that Bider was able to escape, PDEA agents could have traced the driver of the taxicab, apprehended him as an accomplice and impounded the vehicle.(Rimaliza Opiña)
