FOUR months of surveillance preceded the drug deal that resulted in the arrest of a Nigerian businessman.
“When I went to barangay Guadalupe (where the suspect lives), I found out that he’s noted for being involved in illegal drugs. We have information that he has a partner but we’re still investigating that aspect,” said NBI 7 agent and team leader Bernard dela Cruz.
Dela Cruz and agent Teodoro Saavedra transacted with James Cunta Okwudili Uyanneh for the delivery of 70 grams of shabu.
The two agents were instructed to check in at Moonlight Lodging Inn and wait there until 9 p.m. last Tuesday.
NBI-7 operatives rented a room next to the one where Uyanneh and the two “buyers” would meet and surrounded the motel.
Before handing over the drugs, Uyanneh insisted on counting out the money , which includes P1,000 in marked bills.
NBI officials said they were being very careful in handling evidence in order to ensure a conviction.
An alarming 60 to 70 percent of drug cases filed in court end in dismissal or acquittal of the accused based on records at the Regional Trial Court in Cebu City, because law enforcers fail to follow the “chain of custody rule” of drug evidence.
Under Section 21, Article II of Republic Act 7610, the apprehending team has to conduct an immediate physical inventory and photograph the seized drugs in the presence of the accused or his representative, a media representative and the Department of Justice and any elected public official. They all have to sign copies of the inventory.
Regional Trial Court Judge Meinrado Paredes, among other judges, said it was difficult for some law enforcers to comply.
“Assuming that a drug operation is conducted in Santander or in Camotes, where would authorities find members of the media there?,” he said in an earlier interview.
Paredes, who is assigned to handle drug cases, said the law should be amended so authorities would not have a hard time going after illegal drug suspects.
But the NBI-7 doesn’t want to take chances.
“The only one who has custody of the evidence we confiscated from Uyanneh is the agent on the case. The evidence shall be passed to the chemist. All the transfer will be documented. We have to preserve the integrity of the evidence,” said NBI Regional Director Antonio Pagatpat. /Reporter ADOR VINCENT S. MAYOL