|
Thursday, February 03, 2005
Court tells Castro to explain missing gun
By Karlon N. Rama
Sun.Star Staff Reporter
A trial court judge has directed Acting Talisay City Prosecutor Mary Ann Castro to explain the disappearance of a piece of evidence in a criminal case.
Municipal Trial Court in Cities (MTCC) Judge Edgemelo C. Rosales, in a single-page order, wants Castro to comment on the testimony of PO3 Henry Abalo who, in open court, said Castro took from him the revolver that he had used as evidence in the filing of an illegal possession of firearms complaint against one Roel Bacalso.
The complaint, handled by Assistant City Prosecutor Dixon Fuentes, got elevated to the court but Castro reportedly never gave Abalo back the handgun.
Jewelry
The order was issued last Oct. 14, 2004 yet but it was never received. Another order is reportedly being drafted.
Castro, who had served as assistant city prosecutor in Cebu City, has also been linked to the disappearance of some P200,000 worth of jewelry in another case.
But the valuables were found yesterday inside Castro’s locker-cum-cabinet in the Office of the Cebu City Prosecutor.
Castro opened the locker, located inside the cubicle that she still keeps at the office despite her transfer to Talisay City, as fellow prosecutors and some media practitioners watched.
She said the jewelry has always been there.
Assistant City Prosecutor Nicolas Sellon, who was among those present in the opening of the locker, said Castro was apparently unable to immediately turn over the items to the property custodian.
In the latest case, PO3 Abalo and some barangay tanods arrested Bacalso last April 24 for alleged indiscriminate firing in Sitio Laguna, Bulacao, Cebu City.
However, the complaint was not elevated to the court immediately because Bacalso asked for a preliminary investigation.
Fuentes finally resolved to file the case on May 5, 2003 because Bacalso was unable to submit a counter-affidavit.
The case got raffled to Judge Rosales’ sala and, during the hearing for the presentation of evidence last Jan. 16, 2004, immediately ran into problems.
Assistant City Prosecutor Liceria Rabillas, who is the resident prosecutor in Rosales’ sala, placed Abalo in the witness stand to narrate the facts behind the arrest but, when it came to submitting the firearm as evidence, there was no gun to submit.
Lawyer Elmer Pacayra, the public attorney assigned to represent Bacalso, sensing the prosecution’s predicament, immediately moved for the dismissal of the case by invoking the Speedy Trial Act.
According to the six-page transcript of stenographic notes, Abalo told the court that Castro, who he thought as was the inquest prosecutor assigned to the case, instructed him to deposit the gun with her.
Receipt
It further quoted Abalo as having said that Castro, contrary to established protocol, failed to give a receipt for the item that she took custody of.
In the jewelry case, Castro resolved the August 2003 criminal complaint the Criminal Intelligence and Investigation Bureau (CIIB) filed against one Sittie Saripada.
Saripada allegedly pawned fake jewelry to the Prime Asia Pawn and Jewelry Shop and carted away some P200,000 before the pawnshop’s appraiser noticed what went on.
Castro dismissed the complaint against Saripa-da, saying there was no evidence that Saripada tried to defraud Prime Asia.
In her resolution, she directed that the property custodian take custody of all evidence and release it only to parties that can show ownership thereof.
Saripada did not take the jewelry back because, according to her, these weren’t the ones she pawned to Prime Asia.
Instead she filed a case against Prime Asia, who she said replaced her jewelry with the items submitted as evidence and demanded that her original items be returned.
(February 3, 2005 issue)
Write letter to the editor.Click here.
Join the Sun.Star message board.Click here. |
|
[return to top]
[home]
[network page]
|
LOCAL NEWS
BUSINESS
OPINION
SPORTS
LIFESTYLE
FEATURE
SUPERBALITA
WEEKEND
|
