Prosecutor general: PNP yet to submit evidence on sexual assault in Dacera case
MANILA, Philippines — While the Philippine National Police has deemed the case of Christine Dacera as “solved", the prosecution said they have yet to determine whether there was crime committed in the death of the flight attendant.
Prosecutor General Benedicto Malcontento, in an interview with CNN Philippines’ "The Source", said the police have only so far submitted a medico-legal report and death certificate of Dacera. “We cannot ascertain at this point in time whether there is crime or none,” he added in a mix of English and Filipino.
“At this point in time, the pieces of evidence are not sufficient for us to file any charges, any case for that matter so we cannot file homicide murder rape with homicide with the existing evidence presented so far by the PNP and their witnesses,” the prosecutor general added.
The Makati prosecution on Wednesday ordered the release of the three linked to the death of Dacera as it referred the police’s rape with homicide complaint — with eight others tagged as respondents — for a full blown preliminary investigation.
Part of the resolution penned by Assistant City Prosecutor Joan Bolina-Santillan read: “At this point, the pieces of evidence so far submitted are insufficient to establish that she was sexually assaulted or raped. And, if sexual assault/rape was committed, who is/are the person/s responsible?”
READ: What we know so far: Death of flight attendant Christine Dacera
Only medico-legal report, death certificate submitted
Malcontento said the prosecution deems that the PNP submitted a “premature” and “incomplete” complaint.
He explained that the medico-legal report submitted by the police did not provide evidence that Dacera was sexually assaulted.
“The semen that they were saying, there was no evidence to that effect. On the medico-legal [report], that was not stated, that’s why our prosecutors decided to refer this for further investigation to determine, maybe in the future or none at all,” Malcontento added in a mix of English and Filipino.
He also affirmed the autopsy report did not state that semen was found, adding that a “laceration” will not prove sexual assault.
The other document the PNP had submitted is Dacera’s death certificate which only stated that she died of aneurysm “so it will not lead into a conclusion on who did it or if there was ever foul play involved,” the prosecutor general explained.
The Makati prosecutor’s resolution noted that the police have yet to submit results of the DNA analysis, toxicology/chemical analysis and histopath examination.
Claims that Dacera also had bruises were only based on the testimony of her cousin, Malcontento also said.
“We must have an independent medical examination for that, what is the cause of those abrasions, injuries, there must be scientific bases, medical bases that the PNP must submit to us so we will believe their allegation. As of now, it does not exist,” the prosecutor general added.
The National Bureau of Investigation’s forensics team, under the order of Justice Secretary Menardo Guevarra, is conducting a second autopsy on Dacera’s body, in cooperation with the PNP.
Malcontento said that with the two agencies working together, the results of the DNA analysis and toxicology results should be out in a week.
He added: "In so far as prosecutors are concerned, we are just starting... But I am assuring family that this will be fast, justice will be delivered. For the respondents, we will give them rights under the law, give them chance to tell their stories regarding this matter."
The preliminary investigation is set on January 13.
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