4 COPS IN HOT WATER FOR FAILING TO TESTIFY

Four members of Task Force Jericho North Luzon may face a maximum of
20 years imprisonment after a local court noted that "they failed in
their bounden duty to testify" against an accused known for his
notoriety in drug-related cases.

The failure of PO3 Roy Allan Abang, PO1 Armand Bautista, PO2 Arsenio
Arrojo and PO2 Randolf Lagunoy "to confirm their haul by their failure
to appear during trial and testify on the account of the incident"
against Paul Black, alias Paul Atos, led to the dismissal of two
charges lodged against him before the sala of Presiding Judge Antonio
Reyes of the city's Regional Trial Court (RTC) Branch 61.

"This Court will relay this serious matter to the PNP director
general, through Supt. Francisco Manalo Jr., BCPO director, and to
Interior Sec. Jose Lina," Reyes stressed in his seven-page decision.

Under Republic Act 9165 or the Comprehensive Dangerous Drugs Act of
2002, "prosecutors, police officers and personnel who, through patent
laxity, inexcusable neglect, unreasonable delay or deliberately cause
the unsuccessful prosecution and/or dismissal of drug cases may be
imprisoned for 12 years and one day to 20 years."

Reyes, who handles drug-related cases, noted that with regard to
Black's cases, the unwarranted delay in the disposition of these cases
made the accused suffer because of the negligence of law enforcers.

Court records showed that Black and his companion Gerardo Saclao were
arrested by operatives of the Task Force Jericho inside Black's house
along Bonifacio Street two years ago.

Police operatives seized almost a kilo of marijuana and 3.3 grams of
shabu from Black and another 7.2 grams of shabu from Saclao.

The accused, when arraigned, pleaded not guilty to the offense lodged
against them. They filed a demurer to evidence but Reyes denied the
petition.

But the judge noted that during scheduled hearings, only police
officer Richard Camba came out to testify against the suspects, adding
that other policemen failed to testify on grounds that they were
assigned to other places.

These cases were supposed to be promulgated April 8 this year but
Black's counsel filed a motion for the re-opening of the case,
demanding Black's fundamental right to a speedy trial. The motion was
eventually granted.

"The law enforcers, in spite of the fact of solid evidence having
confiscated from the two accused, failed to confirm their haul by
their failure to appear during trial," the decision noted.

"(As such), it is absolutely right and safe to say that Black has been
denied his right to a speedy trial and the failure to place him behind
bars for the rest of his life, which he should have merited because of
the crime he has committed, is a case of police failure to duty."

Reyes, during an anti-drugs forum late last month, stressed that every
right should be accorded to the suspect, and that they cannot make any
"shortcut" so as not to discard the Bill of Rights.

But while dismissing the charges against Black, Reyes also sentenced
Saclao, who jumped bail after his arraignment, to a maximum of two
years imprisonment.