House drugs probe resurrects Muslim pusher's case
Lawmakers investigating the alleged irregular dismissal of illegal drugs cases have questioned the dismissal of a case against a suspected drug pusher in Iloilo two years ago upon the order of Justice Secretary Raul Gonzalez.
The members of the House committee on dangerous drugs raised questions on the withdrawal of the case and the eventual release of Cairoden Abdullah after Gonzalez granted a petition for review while the case was already being tried at the Iloilo Regional Trial Court.
“We are very much surprised. We find that to be very mysterious. We are going to ask him his reason for doing that,” Cebu Rep. Antonio Cuenco told reporters here on Friday at the conclusion of a public hearing of the committee.
Cuenco said it was not “proper” for the prosecutor's office to withdraw the case against Abdullah.
Gonzalez denied that there was anything irregular in his order.
“That is within my powers. The case was already decided on its merits in 2006. I'm ready to debate with anyone who is questioning that,” Gonzalez said in a telephone interview on Saturday.
Parañaque Rep. Roilo Golez said the main issue was why the Department of Justice (DOJ) was able to intervene even if the case was already on trial and the prosecution had already presented its witnesses.
“If that's going to be the case, what would happen is whenever there's a trial, whoever is interested will go to the DOJ and the DOJ can intervene and stop the trial. To me, that is very questionable,” said Golez.
But Gonzalez said the case is being used for political reasons especially because the public hearing was initiated by Iloilo Rep. Niel Tupas Jr., son of Iloilo Gov. Niel Tupas, whose family is at odds with Gonzalez.
“Why only now? What is the motive? Obviously, they are using this issue against me,” said Gonzalez.
Abdullah was arrested on July 22, 2005 by operatives of the Philippine Drug Enforcement Agency (PDEA) at his residence in La Paz District here after the operatives found 11.74 grams of metamphetamine hydrochloride (shabu) inside a box at his house.
Abdullah denied owning the illegal drugs and claimed that it was “planted” by the PDEA operatives.
The Iloilo City Prosecutors Office found probable cause against Abdullah and filed the case for possession of illegal drugs before the Iloilo RTC. The order was questioned by Abdullah in a petition for review filed before the DOJ.
On Aug. 3, 2006, Gonzalez issued an order reversing the resolution of the Iloilo City Prosecutors Office and directed the dismissal of the complaint and the withdrawal of information filed before the RTC against Abdullah.
Gonzalez in his order said that the alleged evidence against Abdullah was inadmissible because the PDEA operatives violated procedures when they searched Abdullah's house. He also gave credence to a statement of Abdullah's 10-year-old son that he saw one of the operatives placing the evidence inside a box.
The PDEA appealed the DOJ order but this was subsequently denied by Gonzalez.
Judge Evelyn Salao, presiding judge of the RTC Branch 25, upheld the DOJ findings and ordered the dismissal of the case on July 31, 2008.
Gonzalez said yesterday that he ordered the dismissal of the case because there “clearly was planting of evidence” against Abdullah.
The lawmakers also questioned the dismissal of complaints for non-bailable offenses by the Iloilo Provincial Prosecutors Office against suspected drug pushers O. Henry Caspillo and Rolly Tiope, both from Balasan town in Iloilo.
Governor Tupas had earlier ordered the withdrawal of the province's subsidy to prosecutors after policemen complained that cases they filed against suspected drug pushers were allegedly dismissed or downgraded by the provincial prosecutors.
Provincial Prosecutor Bernabe Dusaban has denied that his office has unjustly dismissed or downgraded the complaints. He said the cases they file are based on the evidence presented by law enforcers.
The DOJ is conducting an investigation on the allegations against the provincial prosecutors office and is expected to release its findings this month, according to Regional State Prosecutor Domingo Laurea.
But Gonzalez said Dusaban is also being targeted by the Tupas camp because the prosecutor is a relative of Iloilo Rep. Ferjenel Biron. The governor is believed to be eyeing Biron's post in the 2010 elections.
The Tupas camp has denied that this is the motive behind the governor's withdrawal of subsidy to prosecutors.