Chinese national’s case set to be dismissed

October 1, 2013 10:25 am 

CAGAYAN DE ORO CITY, Sept. 30 -– The city’s prosecution office here might set free the Chinese national who was sent to prison for alleged possession of illegal firearms, the arresting officer said on Monday.

Arresting officer Police Senior Inspector Wilfredo Ochigue said that Jake Co Shi, the Chinese national arrested and jailed for alleged possession of firearms, was not the same man he (Ochigue) reportedly saw holding an illegal gun.

However, Ochigue said that he could have mistakenly identified Jake Co Shi as the one in possession of the illegal gun at the time of the arrest since the suspects could not present identification cards and passports.

“There were actually four Chinese nationals arrested, two of them were not in the possession of the firearms. Yet, during questioning not one of the arrested Chinese nationals could present a valid identification card or passport,” Ochique added.

Records at the prosecution’s office showed that the four Chinese nationals identified as Jake Co y Shi, 35; Jason Limsoy y Chang, 42; Sek Quing y Hui, 44; and Tommy Kuan y Sy, 32, all of Fujian, China, were brought to the Agora police station on January 6, 2013 for alleged possession of illegal possession of firearms.

Seized from the suspects were one Colt MK IV .45 caliber pistol with serial no. 284705 with one empty magazine, one .9 mm Luger MOD, KG9 folded with serial no. 479361 with two empty banana-type magazines, according to the affidavit executed by two police officers in Agora,Lapasan police station.

During the inquest, Ochigue identified Jason Limsoy Chang and Jake Co Shi as the holder of the guns prompting the prosecution to dismiss the case against Sek Quing Hui and Tommy Kuan Sy.

In dismissing Jason Limsoy and Sek Quing, the prosecution said that the two were not in the possession of the guns when the arrest was made and that their presence in the area did not constitute culpability.

The other two Chinese nationals Jason Limsoy y Chang and Jake Co y Shi were charged with illegal possession of firearms and ordered detained.

In his sworn affidavit complaint and apprehension dated Jan. 7, Ochigue, however, identified Sek Quing Hui as “was in the possession and control of the Colt MK IV .45 caliber pistol with serial no. 284705 with one empty magazine.”

The conflicting affidavit of the Ochigue prompted the regional trial court to seek an explanation from the office of the prosecution.

During the preliminary hearing Thursday last week, Ochique told the prosecution that he was unable to determine which of the four Chinese nationals was Sek Quing Hui since the suspects have no identification cards or passports.

Ochigue also admitted during the court hearing that Jake Co Shi was not the Chinese suspect who was holding the gun at the time of the arrest.

Lawyer Adonis Gumahad, counsel of Jake Co Shi, has filed a motion to dismiss the case on the ground that the prosecution’s witness could not positively identify that it was Jake Co Shi who was charged with the illegal possession of firearms.

City assistant prosecutor Acmad Balindong said the prosecution would ask the Office of the Regional State Prosecutor to conduct a re-investigation of the case so that the names of the two other Chinese nationals who were not earlier charged would be included in the complaint sheet. (PNA)

CTB/CD/IRENE B.DAYO/UTB

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