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The Complainant withdrew his complaint but the Police have proceeded with the case!

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Phileas Fogg

Arresto Menor
Here is my situation:

On 19 April I became accused by an individual that I had stolen his mobile phone, I was working with a young girl that day and when asked if she had seen the phone she replied to the individual that she hadn't, the individual subsequently offered her PHP15,000.00 if she would say that I had the phone and she duly made statement to the police that she had seen me with the phone.

In subsequent conversation, when the police informed me they had a witness, I informed them, and they acknowledged, that their witness had been corrupted by PHP15,000.00, they knew this but they arrested me regardless and my rights included that I had the right to remain silent and I had the right to an attorney that the Philippines government would pay for.

Well arriving at the police station on a Saturday lunchtime the police attempted to question me, I informed them of my right to remain silent and I asked for my public attorney, I was subsequently locked in a cell with no furniture, no water, no nothing, and was told that the attorney would become available on Monday 21 April, two days after my arrest and detention.

At the time of my arrest I was in quite considerable pain and discomfort with a fractured arm and I had flesh woulds to my arm also following a serious motorcycle accident, being in such a filthy environment I was concerned of infection and I asked for medical treatment, despite being assured that they would take me to the hospital that day the police didn't, the police refused me medical treatment.

Soon after my detention and that evening the individual who had accused me, he is an Israeli national, came to speak with me, once he had calmed down I spoke with him and explained that he had asked the girl an honest question and she had given him an honest answer but because he didn't like the honest answer he had corrupted the girl with PHP15,000.00 to give a dishonest answer and this will never go to court and as soon as I may have an attorney to represent me I doubt he will be able to control himself from laughing because, quite honestly, it's a joke.

He obviously slept on my words because the Sunday lunchtime, 20 April, he arrived at the police station to withdraw his complaint and cancel any case. As he was signing the papers the police assured him that I would be released in five minutes yet, as the Israeli national subsequently informed me, the police had deliberately tricked him in to signing a paper to confirm his complaint rather than a paper to withdraw his complaint and the police didn't release me in the quoted five minutes, they kept me in custody for a further night explaining to me that the Chief of Police needed to sign my release papers.

Well the Monday morning arrived and around 9am I spoke to the arresting officer questioning when I would be released, she replied “sometime today” to which I replied “wrong answer, I want to hear “now” or I want my public attorney”, by now I had been pretty much ignored for the previous 48 hours, over six recognised meal times I had only once been offered rice, nothing else, just rice, and despite my cries “can I have some water please?” even water was denied to me.

So come the Monday, one day after I should have been released and on the day when I should have been seeing an attorney I found myself being ignored again so that was when, with a broken chair leg, I started “playing” the cell door as if it were a steel drum. It transpired that the Chief of Police, who needed to sign my release paper, was away on a business trip a day's traveling time away, so quite how long they thought they were going to keep me in custody without food or water …

But, because I was making so much noise, they hurried to the mayor, then it was realised that the complainant had signed the wrong paper, so they hurried to him with the correct paper, then back to the mayor who duly ordered that the police release me.

That was over the period 19 till 21 April (Holy Week) and here I am, in the Philippines in semi retirement, just trying to operate a small and honest business yet yesterday the police called upon me attempting to serve upon me an affidavit pertinent to this case, the case was dropped, they don't have a complainant yet this officer was telling me that I must sign for receipt of the affidavit and I need to then appoint an attorney!

I couldn't believe what I was hearing so I informed him that if the case continues then I have the right to remain silent and I have the right to an attorney that the Philippines government will pay for telling him to go and fetch the public attorney that I am entitled to and then we may discuss it further. The policeman just looked at me with a blank expression telling me that if I don't sign then they will return the papers to the court, I replied “ask me if I care?”, he repeated himself so I told him he could shove the papers up his @ss for all I cared Smile

Had the case not been dropped, and continued, back in April then I would have had opportunity to clear my name, an attorney would have made it known that the only witness had been corrupted to testify, on the Monday the police were to apply for a search warrant to search my property, both of these would have served to clear my name and prove me innocent but both of these were denied to me. The public attorney was denied to me, I have never been questioned nor interrogated pertinent to this case and I have never made any statement … and the case has proceeded to court!

Sorry for my long explanation but that's just to demonstrate how corrupt the police are here and my question is that if this case should go to court do I need to attend, representing myself, if only to ask the question “where is the complainant?” or, bearing in mind the complainant won't be there because there isn't one, is there any point in me, the defendant, attending or might the absences of both the complainant and the defendant bring the court to realise that the case brought by the police is a “joke”?

Thanks in advance

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Reclusion Perpetua
You still need to attend the hearing just to clear your name, if the complainant won't attend the hearing it's in your favour. You need to file a counter affidavit and claim police brutality, but be prepared to fight them back as we all know, if you complain against police, they will get back to you! Too bad most our police staff are corrupt! Pity Mayor Lim is no longer in a position! Rolling Eyes

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Phileas Fogg

Arresto Menor
Thanks for your reply

"Police Brutality"

Upon my release they had already written in the book, for me to sign, that I was in good physical condition.

After 48 hours in filthy custody, having been denied washing facilities nor any change of clothing, my feet were blistered whilst I had the flesh wounds and fractured arm already mentioned.

They insisted I sign, I refused citing "what part of "broken arm" do you idiots not understand?" and "it might be customary in your country to lie but I am an honest person".

They insisted and insisted that it was only to confirm the police had not brutalised me, I told them to write that in the book and I would sign it, they told me they couldn't, I continued to refuse to sign, they were in a quandary because their boss, the mayor, had ordered them to stop f*cking around and release me so eventually they reworded the writing which I signed under protest.

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