CEBU - The Regional Trial Court has acquitted a Korean national from drug charges after the evidence of the prosecution failed to constitute proof that the Korean indeed committed the crime.
RTC Branch 58 Judge Gabriel Ingles acquitted Bum Rae Cho who was arrested last January 24, 2007 for possession of drugs and drug paraphernalia.
Bum Rae Cho pleaded not guilty when arraigned last March 16, 2007.
He was caught by policemen having in his possession .06 gram of shabu, tinfoil and a disposable lighter.
According to PO2 Jay Pizzaras, one of the responding policemen, they acted on an information that there is a shabu transaction going on in T. Padilla Street.
Pizzaras said he saw a certain Miguel Flores handing over a small plastic pack to Bum Rae Cho who placed the said item inside his pocket.
When they approached the two, Flores tried eluding arrest so Pizzaras chased him while another arrested the Korean.
Flores was nabbed along with the Korean national.
But on cross examination, Pizzaras said that he could not certainly tell whether the drugs confiscated actually come from Bum Rae Cho as when he returned from chasing Flores, the Korean national was already handcuffed.
The Korean, on the other hand, testified that Flores worked for him as a painter. He drove him to Sikatuna Street after his painting job as he was on his way to a mall at the reclamation area for a dinner invitation.
He was about to leave, but Flores asked him to alight so that he could meet his wife. He parked his car then. Flores was outside, he said.
The Korean said he lent Flores P700 as payment for the reconnection of their electricity and that Flores accompanied him outside, through an alley, as it was dark.
It was then that five to six people in civilian clothes approached them and tried to hold the key of his car while Flores ran away. He said that the police demanded P500,000 from him, but that he refused to comply with it. He also said that the shabu confiscated did not come from him.
But on cross examination, the Korean admitted that he has known Flores for two years already and added that he used to drop off Flores in the latter’s place.
Ingles said that the court is not prepared to believe such narration from the arresting officers that Flores and Bum Rae Cho supposedly came out from a dark secluded place and transacted in a well-lighted place in the presence of five police officers and passers by. — Jasmin R. Uy/MEEV (THE FREEMAN)