CEBU, Philippines - Saying she is in dire need of cash, the Kenyan national who was arrested at the airport for possession of illegal drugs filed a motion for the court to release the money which was allegedly confiscated by the arresting officers last September 29.
Asha Atieno Ogutu, through her legal counsel, filed the motion yesterday before Judge Torebio Quiwag of Regional Trial Court (RTC) Branch 27 in Lapu-Lapu City.
Lawyer Ricardo Amore said that when his client was arrested, the personal belongings and the money she bought were also confiscated.
“The accused is in dire need of her money which was confiscated by the arresting officer even though the same is not an element of the alleged crime filed against (her). As such, accused respectfully moves for the release of the US$ 3,700 and 2,000 Qatari Riyal,” the motion reads.
Amore insists that his client is innocent of the crime. He added that Ogutu was mere tourist with no other purpose but to explore any business opportunity.
Ogutu was engaged in selling “malongs”.
Ogutu was arrested by the National Bureau of Investigation (NBI)-7 at the airport for transporting three kilos of shabu which was placed inside her baggage. She is facing a criminal case for violation of Section 5, Article II of Republic Act 9165 or the Comprehensive Dangerous Drugs Act.
Ogutu, however, vehemently denied the existence of illegal drugs. She claimed the baggage was handed to her by a friend, a certain Josh in Bernin in Western Africa.
The court will hear the motion on Friday, November 4, 2011.
NBI Agent Arnel Pura said that they will oppose the motion. He said the money is an important evidence to prove the guilt of the accused.
The money, Pura said, is with the bureau. (FREEMAN)