Probe sought on questionable release of Sino drug trafficker

The Philippine National Police Narcotics Group (NarcGroup) asked the Department of Justice (DOJ) yesterday to intervene in the case of a suspected Chinese drug trafficker who allegedly shelled out millions of pesos to court authorities for his release from jail.

At the same time, an irate NarcGroup chief Director Efren Fernandez ordered all-out operations to bring back the suspect, Cu Un Hai, 40, alias Carlito Co, to his detention cell. Fernandez admitted they now have no first hand knowledge as to where Cu is after Pasay City Assistant Prosecutor Bernabe Augustus Solis ordered his release this week on a "mere technicality."

Chief Inspector Eduardo Villena, NarcGroup’s legal officer recommended to Fernandez that the DOJ review Solis’ decision and implement remedial measures. "This office is of the view that there is an urgent need that the matter of dismissal/acquittal of Cu Un Hai in the preliminary investigation stage be referred to the panel of prosecutors of the DOJ for appropriate review in the exercise of its residual power to take over the investigation," said Villena in his two-page report.

Cu was arrested along with three others during a buy-bust operation along Roxas Blvd. in Pasay City last Dec. 21. A NarcGroup official said Solis ordered the release of Cu after a barangay officer testified that the suspect was not present when the 15 kilos of shabu were seized by the police raiders. But Villena pointed out that Cu and his four companions were present when the transaction for the sale of a kilo of shabu took place. After the suspects took the money and a kilo of shabu was handed over to the police poseur buyer, the suspects scampered in different directions when their arrest was announced.

Cu and three other suspects were arrested while their fifth companion made good his escape on board a car. The car was recovered abandoned later and a subsequent search yielded 14 more kilos of shabu.

Villena said that in conspirancy theory, either expressed or implied, presence alone could support findings of probable cause simply because the degree of participation becomes irrelevant.