Prosecutor drops raps vs basketball star
(The Freeman) - January 20, 2020 - 12:00am

CEBU, Philippines — The Cebu City Prosecutor’s Office ordered the release of basketball star Eluid “Eloy” Poligrates after finding no sufficient evidence of the criminal complaints his estranged lover filed against him.

City Prosecutor Liceria Lofranco-Rabillas reversed a finding of probable cause by the inquest prosecutor. Rabillas said the complainant, Lucille Alosada Trazona, failed to present sufficient evidence to warrant an indictment against Poligrates.

Poligrates, a player in the Philippine Basketball Association D-League, was arrested on January 13 at around 6 p.m. in Barangay Sta. Cruz after his ex-girlfriend accused him of mauling her.

The basketball star was also accused of stealing his ex-lover’s cellphone and keeping an unlicensed firearm, thus, the complaints for theft, violation of the Republic Act 10591 or illegal possession of firearm, and violation of R.A. 9262 or the Anti-Violence Against Women and Children.

Trazona claimed that while at the parking area beside a convenience store along Osmeña Boulevard, Poligrates forced her to get inside the car by grabbing her bag, her cellphone, and a 9mm pistol. According to Trazona, the suspect also pulled her hair and pointed a gun at her.

But Rabillas said the sworn statement proffered by the complainant is bereft of any showing that the elements of the crime of theft are present. Rabillas said there was no showing that Poligrates had the “intent to gain” in grabbing the phone.

 She also dismissed Trazona’s claim that Poligrates is liable for illegal possession of firearm. While the Supreme Court held that mere possession, without criminal intent, is sufficient to convict a person for illegal possession of a firearm, but it must be proven also that the respondent has the intent to possess.

In the case of Poligrates, the chief city prosecutor said the complainant failed to establish that the respondent has the intent to keep and possess the gun.

“It being so, there is, therefore, grave and serious doubt on complainant’s accusations, at least for the purpose of the determining probable cause,” read Rabillas’ January 17 resolution.

“It is an elementary principle in the working of our criminal justice system that he who alleges as to the existence of facts necessary for the prosecution of his action has the burden of proof to establish the same by the requisite of evidence,” it added. (FREEMAN)

ELUID POLIGRATES
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