A RANKING Dangerous Drug Board (DDB) official yesterday said the Department of Justice (DOJ) still has an option to file a motion for reconsideration on the dismissal of the illegal drug importation case against former Cebu vice governor John Gregory “John-John” Osmeña.

DDB Undersecretary Clarence Paul Oaminal said the DOJ will attach to its motion for reconsideration the documentary evidence from the Australian Federal Police (AFP).

He said the Philippine Government can also summon AFP Agent Mark Kelly to appear in court to affirm the authenticity of information and documents on the reported participation of a local contact in Cebu.

Kelly, who visited Manila upon the invitation of the Philippine Drug Enforcement Agency (Pdea) in 2006, mentioned a local politician who allegedly contacted international organizers in the importation of pseudoephedrine, a shabu precursor.

The Bureau of Customs and Pdea seized 1,740 kilos of the chemical substance, valued at P3.65 billion, at the Cebu International Port in March 2004.
John-John was accused of calling a Pdea official to seek the release of the seized shipment.

Cry

However, the Regional Trial Court dismissed Thursday the case against John-John for allegedly coddling the illegal importers of the shabu ingredient.

John-John reportedly cried upon learning about the junking of drug charges against him.

John-John’s father, former senator John Henry “Sonny” Osmeña, yesterday confirmed that his son called him from the United States and asked whether it was true that the criminal case was dismissed.

Sonny then confirmed the news to his son.

“Nihilak sa kalipay (He cried tears of joy),” he said of John-John in a dyLA interview yesterday.

“Lipay gyud kaayo ko ana (I’m happy about the development),” Sonny said for his part.

“Whoever is behind it (the filing of the charges), I hope our good Lord will take care of them,” he added.

However, the legal battle may not be over yet.

Oaminal said the AFP has more evidence of John-John’s involvement in the case.

Recorded

The Australian police reportedly played a key role in the seizure because it provided electronic listening gadgets to Pdea agents monitoring the shipment.

Kelly revealed that the listening device recorded the conversation of the suspects mentioning the nickname of the politician.

In his Power Point presentation, Kelly showed a close-up picture and name of the local politician, as well as five foreigners tagged as being behind the shipment of the cargo from mainland China to Cebu.

Kelly said the five foreigners included Australians Leslie James Norton, 40, and Rodney Allan James, 53, who have been sentenced to five and three years’
imprisonment, respectively, by the Australian Supreme Court for attempting to smuggle pseudoephedrine.

The three alleged cohorts were George Michael Kessel, 44, Phillip Sydney Player, 60, and aircraft pilot James Stewart Wrothwell, 26, he said.

Had the cargo not been intercepted, it could reportedly have been flown to Australia, its final destination, aboard aircraft Beech Queen Air-VH-TWG.

As mentioned by Kelly, Oaminal said the evidence includes the alleged recorded conversation of the conspirators, surveillance records and court documents in Australia.
He said that Kelly’s appearance in court would affirm the authenticity of the evidence.

Oaminal said he already talked to Manila-based prosecutor John Paul Navera, a member of the four-man prosecuting panel on the pseudoephedrine case, about the evidence from the AFP.

Evidence

Rep. Antonio Cuenco (Cebu City, south district) also shared Oaminal’s view that the DOJ must look for more concrete evidence before filing the motion for reconsideration.

Cuenco, also vice chairman of the House committee on dangerous drugs, believed that the DOJ failed to present a strong case in court.

“I’m morally convinced about the involvement of the conspirators, but you have to submit clear evidence in court. The prosecution must contact the Australian police for additional evidence,” he said.

Cuenco considered the dismissal of the case as another setback in the government’s campaign against the illegal drug trade.

Meanwhile, Oaminal said that if the court sustains its verdict clearing Osmeña of any involvement, the Pdea can still file a case against the former vice governor.

“There’s no illegal impediment to re-file a case because there was no full-blown trial conducted that would warrant double jeopardy,” he said.

The recent dismissal of the case was only based on the absence of a probable cause, he said.

Oaminal said the Pdea had already established the meeting of the foreign conspirators and the local politician a month before the seizure of the items in Cebu.

Sonny, for his part, said they welcome any motion seeking to reverse the court ruling clearing his son, adding that he never intervened during the filing of the case against his son a few years ago.

He, however, could not say whether his son will still return to Cebu following the dismissal of the case.

“Dako na siya…Siya na’y mag-igo (He’s old enough to make decisions),” he said when asked over radio dyLA about John-John’s plans and a possible political comeback. (GC/GMD)

For Bisaya stories from Cebu. Click here.

(November 22, 2008 issue)
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