Cop seeks reconsideration of cases dismissal
November 27, 2005 | 12:00am
Controversial policeman Albert Luardo of the Criminal Investigation and Intelligence Branch is set to file a motion for reconsideration on the dismissal of the cases he filed against a driver last Tuesday.
Assistant city prosecutor Jesus Feliciano dismissed the charges of direct assault, attempted homicide and resisting arrest that Luardo filed against passenger jeepney driver Oscar Sarte for lack of basis.
Earlier, Sarte alleged that Luardo arrested him after the latter got mad when he overtook him while they were both traveling to barangay Talamban on Saturday evening.
Sarte also alleged that when he was brought to the Talamban Police Station, Luardo punched him in the chest, adding that last Monday night, he was pulled out from the city police stockade and was brought to the CIIB office where he was maltreated.
Sarte said that inside the CIIB office, Luardo and other operatives made him sit on air, struck his feet with a "silhig lanot" and stapled his ears while yelling at him with "mosukol diay kag polis ha." He claimed that he was never told what were his violations.
But Luardo said the allegations were fabricated because he did not hurt Sarte despite the driver's provocation.
Luardo said he arrested Sarte for resisting arrest, attempting homicide and direct assault for a traffic violation as he was nearly hit by Sarte's jeep while driving a multicab for Talamban.
He said the alleged maltreatment Monday night was impossible because he was already asleep at their house in Talamban by that time.
In dismissing the complaint, Feliciano explained that Luardo was off duty when he arrested Sarte and that he is not a deputized agent of the city traffic division.
Feliciano said he could not believe that an ordinary driver like Sarte would ignore a road blockade and would commit attempted homicide.
Luardo, who is set to file the motion through counsel Leslie Salva, had claimed that Sarte ignored the blockade and nearly hit his jeep.
He would also submit the affidavits of the members of the Talamban police to prove that Sarte indeed ignored the blockade.
But CIIB chief Paul Labra said that Feliciano's resolution was "all opinions" and had no legal basis.
"He does not know that we are policemen (who work) 24 hours a day, seven times a week and that apprehending a traffic violator is one of our functions." Labra said.
Labra said that if only the prosecutor dug deeper into the incident he would have learned that Sarte once said in media interviews that he ignored the blockade.
He recommended that the administrative charges filed against Luardo over the alleged maltreatment of Sarte be handled by the Internal Affairs Service to avoid speculations of a whitewash. - Ryan P. Borinaga
Assistant city prosecutor Jesus Feliciano dismissed the charges of direct assault, attempted homicide and resisting arrest that Luardo filed against passenger jeepney driver Oscar Sarte for lack of basis.
Earlier, Sarte alleged that Luardo arrested him after the latter got mad when he overtook him while they were both traveling to barangay Talamban on Saturday evening.
Sarte also alleged that when he was brought to the Talamban Police Station, Luardo punched him in the chest, adding that last Monday night, he was pulled out from the city police stockade and was brought to the CIIB office where he was maltreated.
Sarte said that inside the CIIB office, Luardo and other operatives made him sit on air, struck his feet with a "silhig lanot" and stapled his ears while yelling at him with "mosukol diay kag polis ha." He claimed that he was never told what were his violations.
But Luardo said the allegations were fabricated because he did not hurt Sarte despite the driver's provocation.
Luardo said he arrested Sarte for resisting arrest, attempting homicide and direct assault for a traffic violation as he was nearly hit by Sarte's jeep while driving a multicab for Talamban.
He said the alleged maltreatment Monday night was impossible because he was already asleep at their house in Talamban by that time.
In dismissing the complaint, Feliciano explained that Luardo was off duty when he arrested Sarte and that he is not a deputized agent of the city traffic division.
Feliciano said he could not believe that an ordinary driver like Sarte would ignore a road blockade and would commit attempted homicide.
Luardo, who is set to file the motion through counsel Leslie Salva, had claimed that Sarte ignored the blockade and nearly hit his jeep.
He would also submit the affidavits of the members of the Talamban police to prove that Sarte indeed ignored the blockade.
But CIIB chief Paul Labra said that Feliciano's resolution was "all opinions" and had no legal basis.
"He does not know that we are policemen (who work) 24 hours a day, seven times a week and that apprehending a traffic violator is one of our functions." Labra said.
Labra said that if only the prosecutor dug deeper into the incident he would have learned that Sarte once said in media interviews that he ignored the blockade.
He recommended that the administrative charges filed against Luardo over the alleged maltreatment of Sarte be handled by the Internal Affairs Service to avoid speculations of a whitewash. - Ryan P. Borinaga
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