CAGAYAN DE ORO CITY – The lawyer of accused car smuggler Lynard Allan Bigcas questioned the legality of the National Bureau of Investigation’s (NBI) decision to turn over one of the motorcycles seized over a week ago to the US Federal Bureau of Investigation (FBI).
Lawyer Alejandro Jose Pallugna said the NBI may have effectively denied Bigcas due process by turning over to the FBI custody of a Martin Brothers Harley Davidson chopper taken from him.
The $80,000 custom-made chopper seized by the NBI during twin raids last May 3 on Bigcas’ garages in Talakag, Bukidnon, and in Cagayan de Oro City, is being claimed by Hollywood scriptwriter Skip Woods as the same chopper that was stolen from him four years ago in Houston, Texas.
Pallugna said the chopper formed part of the inventory of seized items that the NBI submitted to the court and which is also covered by a replevin suit that Bigcas filed against the NBI.
Replevin suit
A replevin suit is a legal action to recover personal property said or claimed to be unlawfully taken.
Pallugna said the NBI should have retained custody of the chopper pending resolution of the civil case.
A regional trial court here on Wednesday ordered Pallugna to file all supplemental affidavits for Bigcas’ replevin petition.
Pallugna also said the NBI has not filed any criminal complaint against Bigcas simply because there was no private offended party or complainant.
“The NBI should fully explain why it turned over the chopper to the FBI,” he said.
“This constitutes a violation of my client’s rights to due process since it has not been legally established that the chopper was indeed stolen,” he said.
Pallugna also asked why items not listed in the search-and-seizure order were taken during the raids.
The warrant order that the NBI presented during the raids only listed two items – a para ordnance pistol and a 5.56 Colt rifle.
Black book
Among the items that Bigcas claimed to belong to him are 21 high-end motorcycles and four luxury cars, including the controversial $80,000 chopper being claimed by Woods.
The NBI also took possession of a “black book” which it said contained a list of Bigcas’ contacts and possible clients.
Listed in the “black book,” which Bigcas claimed was his personal diary, were a Governor Jalosjos, a Bullet Jalosjos, a mayor Ali, a mayor Dimaporo, a colonel Pimentel, a Boy Plaza, and Noah Dimaporo, who is the deputy customs collector in Cagayan de Oro City.
Pallugna said that while the seizure of the two listed firearms may be considered legal, the confiscation of the other items not covered by the order was questionable, especially since his client was not on the premises at the time of the raids.
Bigcas said he was en route to Camiguin with his wife and other relatives at the time of the raids.
“They took these properties when Mr. Bigcas was not in his house … They should have waited for Mr. Bigcas before taking them away. The standard “you explain everything in the precinct” will not do. It’s not the way the law works. And the NBI knows the bounds in which the law allows them to legitimately and legally operate,” Pallugna said.
The lawyer said they would be taking legal action against the NBI after the repliven case has been resolved.
Stolen in US
Pallugna said they would also continue to cooperate with the ongoing investigation at the House of Representatives. He said they would be bringing documents covering the vehicles that the FBI claimed were stolen.
An FBI report sent to the NBI last May 11 said the serial numbers of the eight vehicles confiscated during the raids matched those of the vehicles stolen in the US, based on information from the US National Criminal Information Center (NCIC).
The vehicles include a Chevrolet Tahoe, Dodge Charger, Ranger RZR-UTV, Honda bike, Big Dog bike, Yamaha bike, Kawasaki Ninja, and the Martin Brothers chopper. J.B. R. Deveza and Bobby Lagsa, Inquirer Mindanao