Justice Delayed Is Justice Deny: Part II

   This is another case of “Justice delayed is justice denied” incident. It almost takes a total period of 13 years and 1 month and 20 days from the time that the accused was arrested on August 25, 2003 until he was finally acquitted by the Supreme Court on February 20, 2017.

The same also put into the limelight the accused rights to speedy trial as well as the whole judicial system and the almost snail-paced rate in the disposition of criminal cases in court.

It involves a criminal case for the sale and possession of illegal drugs better known as “shabu” (methamphetamine hydrochloride) in the Philippines. Countless lives were destroyed and ruin since “shabu” became a popular illegal drugs in our country.

Illegal Drug Sale And Possession

   Salim Ismael y Radang was arrested and  later on charged with sales and possession of Illegal Drugs under two (2) separate Information or Complaint under Criminal Case No. 5021 (sale) and Criminal Case No. 5022 (possession) dated August 25, 2003 before the Regional Trial Court, Branch 12 of Zamboanga City.

The respective charges were for the sale of “shabu” under Section 5 and for possession of “shabu” under Section 11, Chapter II of Republic Act No. 9165.

However he was only arraigned or the charges were read to him only on July 26, 2004. Salim Ismael entered a plea of not guilty to the two (2) separate charges.

Thereafter trial took place resulting in his conviction on August 31, 2010 on both charges by the RTC Branch 12 of Zamboanga City. For the charged of sale of drugs, a penalty of life imprisonment was imposed on him as well as the payment of fine in the amount of 500,000.00 Philippine Pesos.

For the other charged of possession of “shabu”, the penalty of imprisonment from twelve (12) years and one (1) day to 15 years was imposed on him and to pay the fine of 300,000.00 Philippine Pesos.

Salim Ismael has appeal the decision of the RTC to the Court of Appeal. And on June 14, 2013 the Court of Appeal (CA) has affirmed the judgement of conviction by the Regional Trial Court.

Not satisfied with the ruling of the Court of Appeal, he eventually went to the Supreme Court for the review of the Court of Appeal ruling.

On February 20, 2017, the Supreme Court has reverse and set aside the decision of the Court of Appeal and acquitting Salim Ismael for the criminal charge of sale and possession of illegal drugs.

The basis of his acquittal was for insufficiency of evidence since the prosecution was not able to prove the guilt of the accused beyond reasonable doubt.

Case Analysis

   As already mentioned in the introduction, it takes almost thirteen (13) years and one (1) month and 20 days from the time of Salim Ismael’s arrest up to his acquittal. That’s indeed quite a long time to be in jail and imprisoned.

And during this entire time Salim Ismael was languishing in jail. He cannot avail of the right to bail since the crime of selling illegal drugs is a non-bailable offense.

It is also evident that it took almost six (6) years and one (1) and 5 days from the day of his arraignment until the Regional Trial Court has rendered its decision.

Any prosecution of the crime of selling of illegal drugs entails great expenses on the part of the government especially tax payer money, not to mention a waste of the precious time of everyone: the law enforcers, the prosecutor, the judges, and even the life of the accused in jail.

Image source: http://islamabadpost.com/2016/11/justice-in-pakistan/