Last night we told you that the Director of Public Prosecutions withdrew the charges of organizing an illegal strike against BTL's Human Resource Manager Dale Trujeque (See DPP Withdraws Charges against Dale Trujeque). It was a swift and surprising comeuppance for Assistant Commissioner of Police Eulalio Cantun who laid the charges at the inc1eption of the BTL crisis. Well today we asked ACP Cantun about the very public reversal of his decision by the DPP's office. Cantun told us he respects that the DPP has the authority to withdraw the charges but questions the circumstances.
Eulalio Cantun, Assistant Commissioner of Police
"I didn't realize that section 16 of the disputes in Essential Services Act requires the consent of the DPP. But we must take into account some factors. For instance, the DPP could not be consulted at the material time. We all know there were basically no communication over the weekend in question starting from Friday morning and I must also mention that looking at the provision there was nothing, precluding us, from laying the information from arrest and charge and thereafter informing the DPP and, is mentioned in the relevant provision I quoted, obtaining such consent before the commencement of trial itself. Another aspect of the press release that I am concerned with is the fact that it is mentioned that based on the proposed evidence the charge is withdrawn, I am saying that myself, as the investigating officer, has not submitted a file to the Director of Public Prosecutions. So what proposed evidence is being to in the press release? I have no knowledge of that 'cause I am still in possession of the file and at no time I have submitted any file to the DPP. As I indicated to him prior to the press release, to my mind, if we had differences in the interpretation, or in the application, of the Act itself then it was a question that ought to be left to the courts to define strike and specifically speaking strike and trade dispute."
Jules Vasquez,
In your estimation, has the hopes for a winnable case been dashed, and I believe you think an important case, has the hope for that been dashed because of the actions of the DPP?
Eulalio Cantun,
"I believe the nature of the case would have set a precedent. Yes definitely, especially given the past months and recent times where you have essential services, as defined by the Act itself, kind of holding the government, I should say, at ransom or threatening every minute to shut down essential services as described in the act like water, telephone, telecommunications, and so forth. I believe that it should have been a precedent case and the interpretation and application of the provisions of the Act, to my mind, should have been left for the court to decide."
And while Cantun would have wanted a notice in this case he claims he also did not get one when PC Sheldon Arzu was charged for murder on April the 5th. As we reported at the time Arzu who was facing a charge of manslaughter had his charge upgraded to murder on that day. Though the family of the man he killed, Ruben Pony Alarcon, had been clamoring for it, it was a surprise to most court and media observers because it was the first time in recent recall that a policeman had been charged for murder when the killing occurred in the line of duty. Cantun told us that again his department was not informed of a consequential decision with security implications.
Eulalio Cantun, Assistant Commissioner of Police
"We have enjoyed a good cooperation with the DPP since my taking over. But as you mentioned the Sheldon Arzu incident, I was
informed actually the 5th of April, sometime in the evening, that they had upgraded the charge to murder. I must mention that I was surprised because myself, as the sort of liaison person between the Police Department and the office of the DPP, I should have gotten something, probably in writing, stating the intentions. It is not a requisite but I am saying it should have been a formality based on the good relationship we enjoy with the office of the DPP. I was surprised because myself did not know and other senior officers of the department were not aware about the upgrading of that charge from manslaughter to murder. Bail was revoked immediately and subsequently he was sent to Hattieville. As you know arrangements have to be made, especially for police officers who sometimes arrest people and then those people are sentenced to prison. So provisions, arrangements, have to be made with the prison authorities to have police officers because we have to worry about their safety at prison. Again it is not a matter of questioning the decision. It is a rare occurrence and based on the fact that this person, more so the fact that this person is a police officer, we expected the courtesy; at least a phone call so that we can prepare to make arrangements."
Jules Vasquez,
Is this an indication that the DPP is treating this relationship and it has serious consequences?
Eulalio Cantun,
"Well we subsequently had a meeting with the DPP, our concern was raised, we voiced our concern as to the decision that was made, and he indicated that he would ensure that that does not happen again, but you started this morning asking me about the press release about the withdrawing of the charge. I was not informed. I am the arresting officer and I am sure the Commissioner of Police was not informed about the withdrawal of this charge. So again I think we are seeing a re-occurrence of this situation."
Jules Vasquez,
There are rumors reaching our newsroom which indicate that PC Aldo Ayuso may be charged for murder. With all that's been developing between this department and the DPP in terms of lack of consultation, are you concerned that again we may see a policeman for committing a murder in the line of duty?
Eulalio Cantun,
"The file has been forwarded since the 25th of February for the DPP to give directive. Some directives have been given on forward and we hoped that by this time we would have gotten a final decision on the course to be taken in respect of the shooting incident involving Leslie Rogers Jr. I must mention I am still waiting Jules. I don't know what the decision of the DPP will be. At this point in time I have not received anything from him, therefore I am waiting and will see. My personal view on the case is I don't think there should be any charges levied against Aldo Ayuso."
To stress, PC Aldo Ayuso has not been charged and the DPP has been in possession of the case file for two months. At this point there are rumors, but no clear indication as to what if any charges will be laid.
