Boratong lawyer seeks dismissal of charges

The counsel of alleged Pasig City shabu flea market operator Amin Imam Boratong asked the court yesterday to dismiss the charges against his client as the evidence against him are mere fabrication.

To support his claim, lawyer Raymond Fortun presented Wednesday as the defense’s 12th witness, Superintendent Danilo Cabato, the summary hearing officer of the 22 Pasig City policemen tagged by government witness Samer Palao as protectors of Boratong’s illegal business.

Cabato, the deputy chief of the Navotas police, cleared the 22 policemen of any administrative liability based on the admission of Palao that he has no additional pieces of evidence against the accused except his complaint-affidavit.

In his three-page decision, Cabato pointed out that mere uncorroborated, hearsay or rumor does not constitute substantial evidence.

“The uncorroborated, sole declaration and sweeping accusation of complainant Samer Palao are hearsay, concocted and therefore has no probative value,” said Cabato, adding that such statement cannot possibly outweigh the constitutional and statutory presumption of innocence of the accused, which the Constitution of the Republic guarantees.

Because of Cabato’s recommendation, Director Geary Barias, then chief of the National Capital Regional Police Office (NCRPO) dismissed the charges against the 22 policemen on Oct. 1, 2007.

Fortun said he presented Cabato to impeach the testimonies of Palao against Boratong.