NBI told to find cab driver who claims Carl Arnaiz robbed him
September 7, 2017 | 7:44am
MANILA, Philippines — Justice Secretary Vitaliano Aguirre II on Thursday ordered the National Bureau of Investigation to find the taxi driver whom Carl Angelo Arnaiz allegedly robbed and to investigate the circumstances of the supposed robbery.
"The [NBI], though Director Dante A. Gierran, is hereby directed to locate the whereabouts of Mr. Tomas Bagcal and granted authority to conduct investigation and case build-up over the allegedly robbery against him by Mr. Carl Arnaiz," Aguirre said in Department Order No. 597.
Arnaiz was killed on August 18 by Caloocan City police officers who said they were responding to a robbery reported by Bagcal.
A police autopsy and a forensic examination by the Public Attorney's Office have cast doubt on police claims as both found indications that Arnaiz, who had gone missing from his neighborhood in Cainta, Rizal, had been beaten up before he died.
An expert from the PNP crime lab also said that the trajectory of the bullets suggest Arnaiz was shot while he was on the ground.
Senior Superintendent Jemar Modequillo, newly designated Caloocan City police chief, said on Wednesday that Bagcal needs to explain inaccuracies in two statements that he gave police.
Bagcal also gave a false address in one of the statements.
"He can be charged for perjury for telling a lie, for giving a false address," Modequillo said in a Pilipino Star Ngayon report. "Doon sa punto na two affidavits, may mga dapat pagdudahan partikular na nagkakaiba ang mga statement doon."
Bagcal initially said he could not remember what his alleged assailant looked like, but in a second statement described him as wearing a black sweatshirt, black cap and blue denim shorts. He also said the robber was wearing slippers and had a bag.
The Department of Justice said the NBI should "determine the factual circumstances that led to the death of Mr. Arnaiz."
On Wednesday, President Rodrigo Duterte said he had assigned Aguirre to take over the investigation into the Arnaiz case.
"Ang sinabi ko naman, we will protect soldiers and policemen — no doubt about it — but always there should always be the element of performance of duty and you do not kill defenseless persons," he said.
"I'm sorry, but I will pursue the case against policemen and, if need be, they will go to jail," he said, in stark contrast to previous pronouncements to pardon police who are charged in connection with the war on drugs. He has repeatedly said, however, that the protection does not cover abusive cops.
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