Cop may face charges for ‘violating’ sub judice rule

POLICE Major Albart Tare, the person accused of acts of lasciviousness by a pregnant teenager, may face additional cases as a result of one radio interview.

Regional State Prosecutor Merlyn Uy said she already wrote to Police Regional Office (PRO)-Northern Mindanao director Brigadier General Rolando Anduyan to investigate why a high-ranking official like Tare attacked his minor accuser in a live radio interview on November 14.

Uy said the interview was unfair for the victim who could not defend herself as she continues to fight for her life after being shot by still unidentified motorcycle-riding assailants on November 12.

During the said interview, Uy said Tare defended himself and discussed the merits of the case, a violation of the sub judice rule which restricts comments and disclosures pertaining to judicial proceedings to avoid prejudging the issue, influencing the court, or obstructing the administration of justice.

“In fact, iyang gisulti ang mga allegations sa affidavit which should not be the case kay naa naman gud ang kaso sa (because the case is already in) court so the proper venue for his defense would have been in the court. And being a high-ranking police official, nag-request ko sa PNP leadership to look into this kay basin mahitabo napud ni (in case this happens) in the future ba, this should not have been the case, dapat wala ni nahitabo (this should not have happened),” Uy said.

Uy said all evidences of both parties should be presented in court, not to the media.

While she understands Tare’s sentiments, Uy said it was unethical to attack the minor victim on air.

Uy said she has asked the National Telecommunications Commission (NTC) to secure the audio recording of the interview and bring it to the court.

The regional prosecutor also advised the media to be responsible in conducting interviews.

“When it comes to matters already in the court, you should avoid discussing the merits of the case because it will tend to prejudge the case or the personalities involved and it will tend to sway the public opinion,” she said.

“It’s not the proper venue so kung naay, for example, nag interview mo ug usa ka party sa kaso, dapat kamo would be responsible to tell them nga dili pwede istoryahan cause it is sub judice, it is prohibited by the Supreme Court,” Uy added.


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