MANILA, Philippines — “It is incomplete, premature.”
Prosecutor General Benedicto Malcontento said this Thursday, as he explained the step of the Makati City Prosecutor’s Office to send the complaint back to the Makati City Police “for further investigation.”
According to him, the evidence needed to establish a case has been lacking in the complaint filed by the police against 11 suspects in the death of 23-year-old Christine Dacera.
“I can say that [the complaint is] premature, that is our finding. If it is sufficient, we could have dismissed it outright or decide to file the case [in court]. So, in so far as our procedures, it is incomplete, premature,” Malcontento, head of the National Prosecution Service (NPS), said over CNN Philippine’s The Source.
The Makati City Prosecutor’s Office is under the NPS of the Department of Justice.
First, on the claim that semen was found on the private part of Dacera, Malcontento said “there was no such thing.”
As to the reported bruises on Dacera, he said only the flight attendant’s cousin testified about it.
“So we must have an independent medical exam on that. There must be a scientific, medical basis that should be submitted by the PNP (Philippine National Police) so that such allegation will stand out,” he said.
He also said that the death certificate included in the police’s complaint stated that Dacera’s cause of death was an aneurysm.
“It will not lead to a conclusion as to who did it and if there really is foul play. Walang other findings – toxicology report, chemical analysis, histopath, these are the documents that we want,” Malcontento pointed out.
He said the initial investigation is an opportunity for the police to submit the documents in order to strengthen their complaint of rape with homicide.
So, what will happen then to PNP chief Gen. Debold Sinas’ 72-hour deadline for the alleged suspects in Dacera’s case to surrender to authorities?
“Taking into account that we have issued an order for preliminary investigation, the venue of the case is with the prosecutor, it is no longer with the police,” Malcontento said.
“Whose order should be followed? It is us at this point in time,” he added.
KGA
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