Tests confirm packs seized from Kenyan contained shabu

A chemist yesterday testified that foil packs that police said they seized from a suitcase of tourist Kenyan Asha Atieno Ogutu contained shabu.

Rommel Paglinawan, forensic chemist of the National Bureau of Investigation in Central Visayas (NBI-7), was the first witness presented by the prosecution during the hearing at the sala of Regional Trial Court Judge Toribio Quiwag of Branch 27 in Lapu-Lapu City.

Three kilos of shabu were allegedly found in the check-in bag of Ogutu, whom police describe as a drug courier, a charge she denies.

The drugs will be destroyed in a public demonstration on Nov. 23.

During cross-examination, Paglinawan said he examined the substance but didn’t know who owns it.

Defense lawyer Ricardo Amores said he plans to file a petition for bail for Ogutu, who has been detained since her arrival in the Mactan airport on Sept. 29.

“If we find out that the evidence of the prosecution is weak, we will file a petition for bail. She has the right to post bail,” Amores told reporters.

Ogutu was charged with transporting illegal drugs.

Ogutu was arrested by NBI-7 agents upon her arrival at the airport from Doha, Qatar, on board Qatar Airways Flight 656.

Although Ogutu is charged with a non-bailble offense, the 1987 Constitution states that “an accused has the right to bail unless he or she is charged with a capital offense where evidence of guilt is strong.”

Ogutu, during her arraignment last month, pleaded not guilty.

In an interview yesterday, she denied again that she was a drug courier.

“All I can say is that I’m innocent. I had no control of my bag during my flights. I did not bring the shabu,” Ogutu said.

Her lawyer is trying to get the case dismissed on the grounds that arresting officers failed to secure a search warrant before seizing the items.

Amores said the NBI-7 agents had advance information about the transport of illegal drugs to Cebu and should have secured a search warrant from the court.

Lapu-Lapu City Assistant Prosecutor Dinah Portugal said NBI agents didn’t have enough time to secure a search warrant.

The prosecution is set to present NBI-7 special investigator Arnel Pura as the next witness on Nov. 23.

The NBI-7 said the shabu, contained in two foil packs concealed in the lining of the luggage, were intended for another destination, not Cebu. CORRESPONDENTS PATRICIA ANDREA PATEÑA AND NORMAN V. MENDOZA