Kenyan's lawyer questions arrest without a warrant

CEBU, Philippines - At the resumption yesterday of the hearing of Kenyan national Asha Atieno Ogutu who was arrested at the Mactan Cebu International Airport for her alleged attempt to bring three kilos of illegal drugs worth P18 million into the country, her lawyer questioned his client's arrest without a warrant.

Lawyer Ricardo Amores questioned National Bureau of Investigation Special Investigator Arnel Pura during the cross examination regarding the procedure and the time the NBI received the information about a passenger on board an international flight carrying illegal drugs and was expected to arrive at the Mactan airport.

Pura said the information was received from the agency's regional director at around 2 p.m. and immediately a case conference was called.

Pura, the designated team leader, and other NBI operatives rushed to the Mactan Airport on the afternoon of September 29.

Amores said the agents could have secured a search warrant from the Palace of Justice which wasn't far from the NBI office.

But Pura said at that moment his team had no name and other information which were vital in securing a search warrant.

Pura said Ogutu's luggage was examined by the Bureau of Customs personnel with the help of PDEA operatives and their K-9 dogs.

In yesterday's hearing, the prosecution also presented an official of the PDEA-7 who assisted the Customs personnel in the search.

Carlito Ermac, of the K9 Division of the PDEA-7 stationed at the Mactan Airport, said K9 dogs showed unusual behavior when they came near Ogutu's luggage.

Ermac said Ogutu's luggage yielded two aluminum packages containing shabu, each package weighing 1.5 kilos each when examined.

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

The hearing will resume on December 1.

The prosecution will present their witnesses to prove that Ogutu is the owner of the luggage containing shabu.  (FREEMAN)