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Friday, June 03, 2005
Drug suspects freed; 337-gram shabu inadmissible
By Grecar A. Nilles
CEBU CITY -- Suspected Hong Kong Triad member Giovanni "Nanan" Gimenez and his two companions are free men after the more than 300 grams of shabu taken from their vehicle were considered inadmissible as evidence, resulting to the dismissal of their case.
Regional Trial Court Branch 15 Judge Fortunato de Gracia Jr., in a one-page resolution, acquitted Gimenez, his brother Jovan and driver Victor Ceniza of the drug possession charge for the prosecution's failure to prove their guilt.
"By any legal indicia, the case is irredeemably lost. This (Court of Appeals) issuance dealt a fatal blow to the mighty labors of the prosecution as the deletion of the evidence created a yawning vacuum in this case of the state--an insurmountable predicament rendering futile further attempts at jousting with the defense," de Gracia said in his ruling.
De Gracia reversed his earlier decision for the continued reception of evidence of the case, despite a ruling from the appellate court declaring the 337.97 grams of shabu inadmissible as evidence.
In ruling for further hearing of the case, de Gracia said the CA ruling did not direct him to dismiss the case, but that it only ordered to consider as inadmissible the prohibited drugs.
But in his new ruling, de Gracia said, "further proceedings would be a senseless and wasteful crusade."
"Any effort for the prosecution to pursue this case would merely be prolonging an empty quest, not unlike a quixotic tilting with the windmills," de Gracia said.
The judge also ordered to return the Gimenez brothers' Starex van, where the drugs were found, to the accused.
But he ordered the drugs confiscated in favor of the government, which would later be disposed of in the manner provided by law.
The Gimenez brothers and Ceniza could not contain their happiness by the time they went out of the Bagong Buhay Rehabilitation Center Thursday afternoon.
Lawyer Pedro Leslie Salva, who is representing the three accused, in an interview, said he is happy that truth has finally come out.
"They are indeed innocent. Ang akong mga kliyente nalumos sa kalipay. They are so happy that their suffering has not been that long (My clients are drowning in happiness)," Salva said.
In an ABS-CBN TV report, Giovannie said he is happy now that their suffering is over and that they do not have plans at getting back at those who caused their suffering.
The three were arrested outside their rented apartment in Mabolo, Cebu City last Sept. 7, 2001 for alleged drug possession.
The police officers, who were armed with a warrant to search the Gimenezes' rented apartment, found the drugs instead inside the brothers' Starex van.
While the three questioned the legality of the seizure of the 337.97 grams of shabu, the police officers and the prosecution said the search and the recovery of the prohibited drugs in the vehicle was legal.
Feeling aggrieved, the three asked de Gracia to deny the evidence, but the lower court admitted the drugs as evidence.
The three then questioned de Gracia's ruling before the Court of Appeals, which reversed and directed the judge to consider the drugs inadmissible as evidence.
De Gracia did not dismiss the case outright, and instead set the further presentation of evidence by both parties.
The decision angered lawyer Benjamin A. Moraleda Jr., who was also representing the three accused, and accused the judge of having a "hidden agenda" and for rigging the case.
Such remark earned the lawyer an indirect contempt charge.
RTC Branch 15 clerk-of-court Socorro Perpetua Belarmino said Moraleda's contempt charge will continue despite the dismissal of the drugs case of his clients.
Assistant City Prosecutor Mary Ann Castro, a former prosecutor in the Gimenez case, is also facing an administrative and criminal charge for allegedly receiving bribe money to "go easy" on the motion the accused filed with the court to declare the drugs inadmissible. (Sun.Star Cebu/Sunnex)
(June 3, 2005 issue)
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