Tuesday, July 31, 2007
Cases for guns in van dropped
ASSISTANT Lapu-Lapu City Prosecutor Jesus Rodrigo Tagaan ordered the return of cash, guns and vehicle to former Cordova mayor Arleigh Sitoy after ruling that the complaint lacked probable cause for it to be elevated to the court.
The charges that were dropped included illegal possession of firearms and ammunition, and violation of the Commission on Elections (Comelec) gun ban.
To accuse Arleigh of being in possession of the firearms and ammunition simply because he is the registered owner of the Hyundai Starex van where the items were found in is purely speculative, Tagaan’s decision said.
Recommended returned to their owner were the M16 rifle, 9mm pistol, KG-9 rifle and its assorted live ammunition, the van and the P299,000 in cash.
Police had failed to refute the claim of the respondent that the van was used alternately by three to four leaders of the Sitoy camp and that Arleigh was using another van during the incident.
But the prosecutor upheld the validity of the search conducted, noting that the “police had to act swiftly and decisively as there was no time to secure a search warrant.”
Arleigh’s father, elected Cordova Mayor Adelino Sitoy, says the dismissal only strengthens his anti-graft and disbarment case against Provincial Election Supervisor Lionel Castillano.
“Ako naghilak ko karon para ni Castillano kay ang among kaso against ni siya nisamot kalig-on (I’m crying for him right now),” he said.
Castillano, for his part, said that while he respects the decision of the prosecutor, this does not mean Comelec will no longer pursue the case against Arleigh.
“Pero di lang nato pangunahan ang decision sa ombudsman (I’ll just wait for the decision of the ombudsman),” he said, adding that he is yet to receive a subpoena from the anti-graft office.
He said they are considering of filing the case with the law department of Comelec Manila, with his affidavit.
Castillano said that when the police filed the case against Sitoy, his affidavit was not included as he was scheduled to leave for Manila for the national canvassing.
He also explained that since the case was dismissed at the prosecutor’s level, “double jeopardy” will not apply if they file the case before Comelec Manila.
But he revealed that filing a motion for reconsideration before the Lapu-Lapu City Prosecutor’s Office is an option.
He still has to confer with the PNP on this matter.
The Sitoys had accused Castillano of bias towards candidates than ran against them, adding that the election officer’s order to forcibly open the van in front a fast-food establishment and several meters from the Lapu-Lapu City Police Station last May 12 was illegal because there was no search warrant.
On that day, operatives of Lapu-Lapu City police were on a lookout for a black Starex van reportedly boarded by armed men, included a wanted person in the name of Ritchelie Amodia, who has a string of arrest warrants for murder, robbery with serious physical injuries and robbery with force upon things.
They spotted the van that fit the description on M. L Quezon Highway in front a food chain establishment.
What they didn’t know that it was registered to Arleigh, who was inside the restaurant having a meeting with his political leaders, who were working for the mayoral campaign of his father.
It also turned out that Arleigh had bought the M16 rifle from SPO2 Joseph Herber Motesclaros for use of the Bantay Dagat, while Raul Baguio, a confidant and relative of the Sitoys, owns the 9mm pistol. (AIV/MBG)
For Bisaya stories from Cebu. Click here. (July 31, 2007 issue)
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