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Wednesday, January 26, 2005
Appeals court rejects Cuadra plea to drop raps
By Jay Dooma Balnig
ILOILO CITY -- The Court of Appeals paved the way for charges to continue against suspected drug lord Jose Kim "Boy" Cuadra when it rejected a petition by the accused stopping the prosecution from proceeding with his arraignment.
Regional State Prosecutor Domingo Laurea Jr. said Tuesday the Aklan Provincial Prosecutor's Office recently received the appellate court decision dismissing the petition for certiorari filed by Cuadra last year.
Cuadra's petition was intended to stop the prosecution from proceeding to seek an arraignment on the illegal drug charges filed against him.
Aklan prosecutors, in their resolution on Cuadra's case, cited probable cause for possession of illegal drugs against Cuadra, who was arrested in April 22, 2003 at Caticlan airport. He was on his way to Bacolod, where he was based then.
His counsel filed a motion for review of the prosecutors' decision before the Department of Justice but a joint committee even found Cuadra liable not only for illegal possession of drugs but also for transporting illegal drugs, a case no longer bailable under the Comprehensive Dangerous Drug Act of 2002.
The resolution prompted the defense to file a petition for certiorari before the Court of Appeals.
Cuadra's case is scheduled for arraignment on February 14 before Judge Homena-Valencia of the Regional Trial Court Branch 1 in Kalibo, Aklan.
"So this will now pave the way for the continuation of the trial of the Cuadra case," Laurea said.
PO1 Jonathan Moreño, who ran amuck and killed seven people during the Ati-atihan festival and was himself killed, was one of Cuadra's arresting officers. He was supposed to stand as witness against Cuadra.
Moreño's wife, Mitzhel, said in a radio interview that her husband was indeed offered a bribe of P500,000 if he would not testify against Cuadra. She said the offer was made at their house in Toboso, Negros Oriental sometime in October and December last year.
Laurea said, however, that "(Moreño) was not the only vital witness in this case, there are still corroborating witnesses."
He added that Moreño's death will not directly affect the prosecution.
Cuadra last week denied threatening Moreño.
He said it was impossible for him to do this as he is in jail, Cuadra said, adding, "If I was pressuring him, he should have killed me instead."
(January 26, 2005 issue)
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