Court clears man on drug raps for lack of evidence

By LEONARD D. POSTRADO
August 15, 2010, 4:24pm

A man charged with using “shabu” (methamphetamine hydrochloride) during an alleged “pot session” more than a decade ago in Singalong, Manila was acquitted of the crime by a Manila court for lack of sufficient evidence.

Ismael Castor was found innocent of violating Sections 5, 11, and 15 of Republic Act 9165, or the Comprehensive Dangerous Drugs Act, for selling, possessing and using illegal drugs, by Judge Caroline Rivera-Colasito of the Manila Regional Trial Court Branch 23.

Rivera-Colasito, in her August 11 decision, said the prosecution failed to prove Castor’s guilt beyond reasonable doubt, noting that it did not present witnesses who could provide crucial testimony about the purported drug activities of the accused.

Based on court records, Castor was arrested when authorities swooped down on F. Torres Street, Singalong, Manila after receiving reports of an on-going pot session.

Prosecution witness Police Officer 2 Oscar Mariscostes of the Manila Police District’s Station 9 testified that following a tip from an informant about a group of persons causing a commotion in the area, lawmen conducted a raid. The policeman further testified that when they arrived at the scene, they allegedly found the accused armed with a bladed weapon, apparently high on drugs and shouting at the persons on the street.

Mariscostes further testified that Castro allegedly yielded a sachet containing 0.032 grams of a white crystalline powder, which was later tested and found to be shabu. The illegal drug, the lawman claim, was found tucked in his short after authorities asked him to raise his t-shirt.

Another police officer, Police Officer 2 Esmeralda Cruz, corroborated the testimony of Mariscostes but during cross examination they told the court that when they reached the alleged scene of the crime, they found no trace of any pot session being held in the area and that they did not file a case for violating the peace and order of the place.

The accused denied the accusations, saying that he was at the front door of his mother’s house when the police officers arrived at their home and arrested him.

Castro claimed that the police officers asked him to give them P20,000 in exchange for his release but he told them that he has no money because his father, who was working abroad, had not yet remitted them any money.