Defense insists arrest of suspect in Tata Negro's killing was unlawful

CEBU, Philippines - The lawyer of the suspected gunman who allegedly shot to death Crisostomo “Tata Negro” Llaguno during a campaign sortie in Barangay Lorega San Miguel in May insisted that the arrest made on his client was illegal.

In a pretrial conference yesterday, lawyer Gerry Robertson Mira said Jimmy Diala was arrested in absence of the warrant of arrest.

However, state prosecutor Gandhi Truya said that the arrest was legal as it was a hot pursuit operation.

Truya said he will present five witnesses to prove the arrest of Diala was legal and the firearm used in the shooting incident was the same firearm seized from the accused.

He added they have four witnesses from the Special Weapons ant Tactics (SWAT) team and one “eye witness,” Norman Torres.

For the defense, Mira said they will present two witnesses: the accused and another one to prove the arrest was illegal.

Meanwhile, private prosecutor Gloria Dalawampu of the prosecution said they have nine witnesses to testify in the murder case against Diala. But she said they may only utilize five or six witnesses.

But Mira countered that they will present seven witnesses to deny the murder accusation thrown against his client.

Diala, 40, a native of Barangay Casalaan, Siaton, Negros Oriental, was arrested and charged for allegedly shooting to death Llaguno four months ago. Llaguno was reportedly about to shake Diala’s hand when a shot was fired.

Llaguno, famously known as “Tata Negro,” had figured in previous reports for being in the authorities’ illegal drugs watchlist.

According to earlier reports, Diala claimed to be an asset of the Philippine Army in his town and had confessed he was hired to kill Llaguno. He had said his family’s life was threatened if he refused.

“I was told Tata Negro was a drug lord and that there was a bounty on his head,” he was earlier quoted as saying.

Diala was a farmer in Negros and came to Cebu last April after he was assured of a construction job. Instead of getting the promised work, he was allegedly shown a photograph of Llaguno and the assassination plan was supposedly made the day he arrived in Cebu. (THE FREEMAN)