Court acquits fish vendor of  illegal drug charges

The court yesterday acquitted a fish vendor from drug charges due to the inconsistencies surrounding his arrest in Talisay City three years ago.

Regional Trial Court Judge Gabriel Ingles was not convinced that 43-year-old Romeo Dabasol of barangay Tangke, Talisay City was legally arrested by police in the evening of September 28, 2004.

During their operation, the police reportedly seized from Dabasol’s possession several packs of suspected shabu.

Ingles also ordered for the immediate release from detention of Dabasol, who has been in prison for the past three years.

Policemen headed by SPO4 Reynaldo Vitualia claimed that they arrested Dabasol in the act of selling two small packs of shabu worth P200. He also reportedly yielded four more packs of shabu which he dropped into the ground upon seeing the approaching lawmen.

Dabasol’s neighbor, Liberty Cabanes, testified before the court that while she was tending her barbecue stand shortly before midnight, the accused arrived and ordered a few sticks of chorizo for his wife.

While waiting for his order, Dabasol reportedly lied down on a bamboo bench when the team of Vitualia arrived on board three motorcycles. One of them quickly held and handcuffed Dabasol.

Cabanes said there was no buy-bust operation conducted prior to the arrest of her neighbor, as claimed by the policemen.

Ingles said the prosecution failed to clearly and convincingly show that the accused sold the two packets of shabu to a poseur-buyer.

“This court is of the belief that if the accused did really sell shabu and saw Vitualia, who admitted to be known in the area and in company of other policemen, his normal reaction should have to run away or throw any incriminating evidence away from him,” Ingles said in his decision.

Ingles also doubted the claim of the police that they have recovered four packets of shabu that were reportedly dropped by the accused to the ground.

During the hearing, Vitualia said he was the one who picked up the four packs of shabu dropped by the accused, but PO3 Remberto Empeynado also testified that it was PO3 Ramil Navarro who did it.

“This inconsistency added to the incredibility of the testimonies of the police officers in this regard,” said Ingles. - Rene U. Borromeo/LPM