Lawyer Vicente Fernandez surprised almost everybody in the courtroom, including prosecution witness Supt. Adzhar Albani, when he showed an Allied Bank check allegedly taken from one of the accused during the raid but not recorded in the inventory as among the evidence confiscated.
The alleged check postdated September 25, 2004 amounting to P40,000 was reportedly issued by Joseph Yu to one of his co-accused. According to Fernandez, the check was taken by police during the raid on September 24, 2004 but was not included in the inventory.
What surprised those who attended the hearing was that the check was encashed on September 28, 2004 when all the accused were already incarcerated. Based on the endorsement written at the back of the check, it was encashed by a certain Reynaldo Macias of Jade St., Teresita Village, Tisa, Cebu City.
The presentation of the check, however, was cut short following state prosecutor Archie Manabat's objection, which was sustained by Judge Marilyn Yap.
Defense lawyers are planning to ask the court to summon Macias to explain how he was able to get hold of the check. Another defense lawyer, Lorenzo Paylado, earlier manifested before the court that there were personal belongings of his clients that were taken by the police but were not included in the inventory.
Paylado said his clients complained that the raiding team took their expensive watches.
Fernandez also tried to delve into how much was the reward given to PDEA confidential agent Mortesa Tamadoni for the successful discovery of the shabu laboratory, saying that he wanted to know the amount because Tamadoni was the one who delivered the chemicals to the warehouse.
Albani said the reward would depend on the quantity of the illegal drugs confiscated so it could be that Tamadoni intentionally delivered a large volume of chemicals to the warehouse to be able to get a bigger reward.
Fernandez's questioning, however, was also cut short when the judge sustained the prosecution's objection.
The defense ended yesterday its cross-examination of Albani and Hung Chin Chang alias Simon Lao, Andy and Anthony Ang. - Fred P. Languido