Monday, August 06, 2007 Cops want rape case vs 6 youths reinstated By Rhodamae M. Hernandez
POLICE have submitted a certificate of discernment for one of the six youths accused of raping a 16-year-old inside a car somewhere in Marfori Heights, Davao City, last month and requested that the case be reinstated.
City Prosecutor Trinidad dela Torre Cardona earlier dismissed the charges against Andrew (complete name withheld for being a minor), Jeff, Kenneth, and three others for insufficiency of evidence.
In an affidavit, the victim claimed she was molested by six persons on July 12, 2007.
She said she met the boys through her friend whom she was drinking with along Opal street in Marfori Heights that night and that she only knew the name of the suspects when she was already at the San Pedro Police station where she made her complaint.
In Cardona's resolution she said inconsistencies surfaced when clarificatory questions were asked and the girl could not tell how she was raped and who raped her first.
Meanwhile, Chief City prosecutor Raul B. Bendigo said the case should be re-filed so that full preliminary investigation can be done.
"Dapat mag re-file ang pulis, dili lang mag submit ug certificate. And dili na inquest proceedings kay released na ang akusado. Preliminary investigation na diretso (It's not enough that the police submit a certidicate of discernment. They should refile the case and this will no longer be through inquest proceedings since the accused have already been released. Instead, the case will be filed immediately for preliminary investigation)," Bendigo told Sun.Star.
He further said the affidavits and other evidence should be reconstructed to avoid dismissal.
"Dapat tarungon na gyud nila ang evidence (The prosecution should make sure they have solid evidence)," Bendigo said.
