Case solved? Oops!

What happens if you put the cart ahead of the carabao? The cart will go nowhere and there is a big chance the carabao will walk in the opposite direction. The same thing happens when you make a conclusion before completing an investigation. The conclusion may crumble and go nowhere, and there is also a big possibility for the investigation to go the wrong direction.

The police confidently declared that the case was “solved” as they filed a provisional charge for Rape with Homicide against 11 respondents, including Christine Dacera’s close friends, who were with her in the hotel room where she died. However, the Makati Prosecutor’s Office found the pieces of evidence submitted by the police in the inquest proceedings on three of the respondents insufficient to support the filing of a criminal information. The three were released from police custody and the case was referred for further investigation, primarily to determine the actual cause of death and, if Christine was raped and/or killed, the identities of the persons responsible therefor.

In her resolution, the handling prosecutor also noted the absence of DNA analysis, toxicology or chemical analysis and histopath examination. From a layman’s perspective, the prosecutor is actually saying that the police investigation did not yet “solve” anything. It only proved that a person died and there were people in the same room where she died. There was no reliable proof of sexual assault or rape. While the police earlier publicly announced that the deceased had “lacerations and sperm in her genitalia,” the Prosecutor General was earlier reported to have said that based on the findings of the medico-legal officer, no semen was found on the body of the deceased. What then was the basis of the police in concluding rape? The bruises on the arms and legs? The thought that even homosexuals have manly instincts? Or the possibility that the medico-legal autopsy report was incomplete or the examination was conducted clumsily or incompetently?

Wow! What can I say? This is a very serious charge that should have deserved a more competent and thorough investigation. The way the case was handled so far is truly unfair to Christine, her family, her suspected friends and their families too. Everyone deserves the truth and nothing less!

My heart bleeds for Christine, whose promising future was snapped by her untimely death, and I sincerely condole with her family. If she was raped and killed, the perpetrators should be condemned and punished to the full extent of the law.

But who might be the perpetrators? The police conveniently identified as suspects the friends with whom the deceased partied in Room 2209 of a COVID-19 Quarantine Hotel, yet the other persons in Room 2207 who were supposedly “strangers” to their group, except to one of them, do not appear to have been considered, notwithstanding CCTV footages showing Christine going to that room a number of times and may have even had a fight with one of them. Yet, they said the case was solved? Sanamagan!

And what if it turns out that she was not sexually assaulted or raped at all? The premature conclusion based on bare assumptions just aggravated the pain of losing a loved one. Worse, it unnecessarily and cruelly tainted the sweet memories of a lovely brilliant lady with all the irresponsible statements on social media. All because of a reckless public declaration without first establishing a decent factual or legal basis.

With the stubborn insistence of the police that rape with homicide was indeed committed, any further investigation by them may be perceived, rightly or wrongly, to strengthen the conclusion earlier made, instead of establishing the real truth. I heard an expert say that an investigation must start from a neutral side and let the pieces of evidence uncovered lead to the right direction.

Hence, the National Bureau of Investigation (NBI) coming into the picture is a welcome development. I am sure the investigators of the NBI will proceed without bias as they are in a neutral position. I just hope that the re-autopsy is not too late for the body of Christine to prove whether she was raped or not.

If the evidence points to rape, vigorously prosecute the criminals, friend or foe. But if the evidence would show otherwise, let Christine rest in eternal peace, and her friends get back their normal lives. They also grieve for the loss of Christine, and if it is true that they had no criminal culpability, being wrongly accused of rape and homicide for the death of a friend would certainly cause them unimaginable pain.

But did they not violate quarantine regulations in having a party at a quarantine hotel? Well, this is another story. In the meantime, there is a pressing need to re-educate our police investigators in the conduct of forensic examinations, so that the noted lapses in this case, such as embalming before the autopsy, among others, may be avoided in the future.

More importantly, the police must be more circumspect in making conclusions relative to criminal investigations and should avoid sensationalism in giving out unverified information to the public.

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On another note, the former chief of the PNP, who is now a senator of the Republic, was reported to have manifested his willingness to get inoculated with a COVID-19 vaccine that has not yet been authorized for local use by the Food and Drug Administration (FDA) as required by law. He also thanked the Presidential Security Group (PSG) soldiers for allowing themselves to be “guinea pigs” in what he calls an experiment.

Honorable Sir, I hope this will not be interpreted as an endorsement of the use of unregistered vaccines. There is great danger for people to experiment on drugs and this is precisely the primary justification for the existence of the FDA.

Now the minority block has called for a Senate probe on the matter. There are laws violated, they say. Perhaps the brave soldiers who are trained to obey first before complaining did not violate any law when they allowed themselves to be inoculated, but the importation, sale or distribution of any health product that is unregistered with the FDA is prohibited.

So, Mr. Customs Commissioner, were the vaccines smuggled into the country? Are there available stocks in Binondo? The use by the PSG of the “donated” unregistered vaccine was allegedly done independently after their own research, and with neither permission from the President nor prior consultation with the DOH or the FDA. If these soldiers are close-in security personnel assigned to the President, I think it is a lapse of judgment not to have asked his permission prior to the experimental use of this unregistered vaccine.

As it is, the “officer and gentleman” PSG chief readily took full responsibility for this controversy. Is this also “case solved”? Apparently not, since the secretary of justice has ordered the National Bureau of Investigation to conduct an investigation on the irregular vaccination. But is it not best for the Senate to focus on other matters and just let the NBI do its job in connection with the PSG vaccination? Notwithstanding the potential crisis inferred from the pronouncement of the President, it appears the proponents of the Senate probe want to pursue it. Oh, I see! 2022 is fast approaching. Time to shine in aid of re-election. Abangan!