here is my second installment of my defenses i use in court. in the first i lay the foundation on what to do in false operations and if you became the victim of such. And if worse we go to court this is usually what i ask or do in court. please do note that we always go back to section 21, RA 9165 as our base defense specially in our cross examination .
Let us start with the Forensic chemist. Sometimes i just enter into stipulations but if you don't feel like it, it is better to cross examine and ask a few questions. remember even if we are in the Philippines there is nothing to stop us applying the CSI doctrine.
First, have the habit of examining the request for laboratory examination and the crime lab report, look at the stamp receipts. in Manila, some of the forensic chemists would ask liaisons to deliver the specimens in court. if you see nothing that will indicate that the forensic chemists delivered the drugs personally in court or someone else delivered it, KEEP IT TO YOURSELF, he he, yes keep it for now.
in cross-examination, ask him or her who delivered the same to the court, most certainly, he would answer that he is, if that is the case, drop the bomb.
if he or she said he cannot just the same drop the bomb and tell him who delivered it. in any way the chain of custody has already been broken.
stay tuned.
