Shabu seized from Kenyan National flushed down the toilet

CEBU, Philippines - The three kilos of shabu, with an estimated street value of P18 million that was seized from a Kenyan national upon her arrival at the Mactan Cebu International Airport last September 29, 2011 was, for lack of an incinerator, flushed down the toilet yesterday afternoon upon orders of the court.

Lapu-Lapu City Regional Trial Court (RTC) presiding Judge Torribio Quiwag ordered that the confiscated shabu seized from Kenyan national Asha Atieno Ogutu be disposed of while her trial continues.

The disposal of the shabu was witnessed by the judge himself, Ogutu, and her lawyer Ricardo Amores, the side of the prosecution represented by Dina Jane Portugal, PDEA officials, NBI operatives, and members of the media.

The disposal of the drugs was in compliance with Section 21, Article II of Republic Act 9165, or the Comprehensive Dangerous Drugs Act of 2002, and Dangerous Drugs Board Regulation No. 1, series of 2002.

The destruction was carried out by NBI and PDEA chemists Rommel Paglinawan and Chona Penanona.

NBI chemist Paglinawan assisted by Penanona took 55 grams of shabu to serve as evidence.

Officials of the Philippine Drugs Enforcement Administration said under the law, the destruction of illegal drugs should be through incinerators.

But due to the absence of an incinerator, the shabu was placed in two pails half-filled with water and Judge Quiwag himself disposed of the liquid in the toilet in the Palace of Justice and flushed it.

In yesterday’s hearing, the prosecution presented Paglinawan, who confirmed the seized substance was shabu.

NBI Special Agent Arnel Pura was also presented yesterday by the prosecution.

Pura said the NBI first received information about the arrival of a person who was on board an international plane, passing through the Mactan Cebu International Airport, and carrying illegal drugs.

Pura said he coordinated with the different law enforcement agencies stationed at the Mactan airport which led to the arrest of Ogutu.

He also presented a certification from Qatar Airways that Ogutu was a passenger of a flight on September 29, as shown in the manifest.

Ogutu arrived at the Mactan Airport on board Qatar Airways Flight QR656 from Doha, Qatar.

Ogutu’s luggage yielded two aluminum packages weighing 1.5 kilos each.

Apura will be cross-examined in today’s continuation of the hearing by Ogutu’s lawyer Amores.