February 4, 2001, The Philippine Star, Editorial, No short cuts to law enforcement,

February 4, 2001, The Philippine Star, Editorial, No short cuts to law enforcement,

One winner in the political turmoil that has rocked the country since October is the Islamic terrorist group Abu Sayyaf. The military offensive against the terrorists petered out after Ilocos Sur Gov. Luis Singson blew the whistle on his former drinking buddy Joseph Estrada. While the group has not kidnapped more foreigners or raided another town, all its leaders survived the offensive with $20 million in ransom payments intact. 

The other day, the Abu Sayyaf scored yet another victory when a Zamboanga City judge dismissed kidnapping charges filed against two suspected members of the group by the Mindanao branch of the Presidential Anti-Organized Crime Task Force. Regional Trial Court Judge Hakim Abdulwahid also ordered the government to return $240,000 seized from accused Jeffrey Jinnul and Adjid Halik. The two had been arrested after they tried to convert the $240,000 into pesos in the Zamboanga City branch of the Land Bank of the Philippines. They admitted receiving the money from Abu Sayyaf leader Ghalib "Commander Robot" Andang. 

Certain sectors may smell something fishy in this decision, but the judge explained that he had to dismiss the case because the confessions were extracted from the two accused without the presence of a legal counsel. Because the money was seized before it could be converted into local currency, the two also did not profit from the proceeds of a crime, the judge added. 

This case will surely go up to the Supreme Court, which may still overturn the lower court's decision. But in the meantime, cops should take note of the judge's admonition on getting confessions from suspects without the benefit of counsel. Many cases have been dismissed for the same reason as well as other procedural lapses in effecting an arrest, gathering evidence and taking down statements from suspects. 

Cops often grumble about cases dismissed by courts on technicalities, especially when the cops are certain of the suspects' guilt. Grumbling, however, will get the police nowhere. Cops know the rules in criminal investigation; there are lawyers in the police force who know rules of court. There are no short cuts to law enforcement, especially when minor details can send innocent people to prison or allow the guilty to go scot-free. It's the job of cops to know the rules and follow them to the letter. Knowing what's at stake in a criminal investigation, there's no excuse for sloppy police work.