Fiscal reacts on Kian’s death: 'It is two-sided, the police have a right to self-defense but...

Caloocan City prosecutor Darwin Cañete commented on the killing of 17-year-old Kian Delos Santos, alleging that the boy was not entirely innocent of the crime of drugs.

Delos Santos, a grade 12 student, was killed by cops in a police operation, the latter claiming that he was resisting arrest.

While admitting that punishment should be inflicted should the policemen be found guilty of extrajudicial killings, the prosecutor said that the possibility of Delos Santos being actually involved in illegal drugs should be considered.

“I am not saying they did not kill the kid. The (police) should be held accountable if ever it’s a proven EJK (extrajudicial killing). But making the kid super innocent?  I am not buying it," said Cañete, as quoted by the Philippine Daily Inquirer.

"EJKs are wrong, and if proven, the (police) should be punished. But use facts, not emotions,” he added.

The prosecutor who is known to be expressive of his opinions in social media, used said platform to comment on the issue, claiming that the chances that Delos Santos was totally innocent and that the authorities merely planted Php. 16,000 worth of drugs on him is "totally far-fetched".

The prosecutor also commented on the Philippine media saying, “The media narrative is too black and white. Without evidence, it would be unfair to ascribe which one is guilty or innocent.”

“It is two-sided. The police have a right to self-defense but also the duty to avoid unnecessary loss of life. We cannot second guess what is there on the ground. We can only pray that they make the right call every time,” Cañete said.

The prosecutor mentioned the Juvenile Justice Law as proof of the existence of crimes committed by minors.

The Juvenile Justice and Welfare Act of 2006 (Republic Act 9344) was authored by Sen. Francis Pangilinan, and it  states that a child who is 15 years old or younger at the time of the commission of the offense shall remain exempted from criminal liability but instead, he will be subjected to an intervention program from the government.

Cañete said he was called an hour after the incident to observe the Scene of the Crime Operatives processing the crime scene, and noticed that the skin markings on the boy made him “believe the sachets (of shabu) were lodged there for quite some time even before the shooting.”

He claimed that policemen simply do not plant over 10 grams of "shabu" on strangers, he did not provide for a basis.

“Why (pick) P16K worth of drugs when a fraction will suffice if the intent is to plant?” he said on a text message to reporters.

Asked about the CCTV footage that had captured two policemen dragging Delos Santos, the prosecutor asked,  “Are we even sure it was the kid on CCTV?  The CCTV should be enhanced before (people start) jumping to conclusions,” he added.

In an earlier comment on Facebook, Cañete said netizens should wait for the Senate hearing on August 22, when “our policemen will present their side. It is better to wait … so the full truth can be revealed.”

 Source: Inquirer

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