Saturday, November 03, 2007 Drug suspect escapes conviction
A MAN accused of possessing .05 grams of shabu was acquitted after the policeman who arrested him issued “contradicting” statements.
Regional Trial Court Judge Meinrado Paredes dismissed the case against Marlon Gabucan for insufficient evidence.
The court noted that the testimony of SPO1 Williard Selebio contradicted his own affidavit.
Selebio, the lone witness for the prosecution, testified that in September 2004, he was conducting a surveillance on illegal drugs in Sun Valley, Barangay Gualapue, Cebu City.
Testimony, blotter
He said he saw a person, later identified as Gabucan, standing near a store looking at him for about 15 minutes. The person later ran.
During the chase, Gabucan allegedly threw something to the ground, which later turned out to be shabu.
But in his affidavit, Selebio did not mention shabu. He said he saw a person who, sensing his presence, immediately fled.
He did not say that they looked at each other for 15 minutes nor did he say that the suspect was standing near the store.
The court also observed that in the police blotter, it was stated that Gabucan was in possession and control of a packet of shabu but in his testimony, Selibio stated that he picked the shabu up from the ground.
‘No probable cause’
“It is very clear from the foregoing facts that there was no probable cause for effecting a warrantless arrest. We cannot also apply the stop-and-frisk rule since the accused was not acting suspiciously before he was arrested,” read the decision.
Paredes also cited the report of the Cebu City Prosecutor’s Office that reviewed the case.
The report stated that “a certain person was coming to his (Selebio’s) direction but the former made a quick turn around and ran to the interior portion.
“This is materially different from the testimony of Selebio and his affidavit on record,” Paredes said. (KNT)
