(Metro News) QC court acquits man on shabu sale

June 1, 2010 8:35 pm 

MANILA, June 1 – The Quezon City regional trial court (RTC) Branch 82 acquitted Tuesday a man accused of selling methamphethamine hydrochloride (shabu) after the prosecution failed to present the illegal drugs buy-bust operation poseur-buyer at the witness stand.

QCRTC Branch 82 Judge Severino de Castro said in a five-page decision for accused Arman Saumay that the poseur-buyer utilized by the prosecution “was not presented as the prosecution’s witness.’’

“Consequently, not an iota of evidence appears on record to establish the alleged transaction between the poseur buyer and the herein accused on the alleged sale that took place between them,” de Castro said.

“Such conspicuous silence on such important element of the offense cannot be regarded as insignificant,” he said.

Prosecution witnesses PO1 Edmund Paculdar and PO3 Noel Magcalayo said that they only assisted as back-up of the poseur buyer during the buy-bust operation conducted last Jan. 27, 2004 in Barangay Sta. Monica, Novaliches, Quezon City.

Both have no personal knowledge about the transaction that transpired between Saumay and the poseur-buyer. The name of the poseur-buyer was not mentioned in the court document. (PNA) RMA/JCA

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