THE Criminal Investigation and Detection Group (CIDG) has filed a motion for reconsideration on the decision of the Department of Justice (DOJ) to dismiss the drug charges against self-confessed drug lord Kerwin Espinosa and Cebuano businessman Peter Lim.
CIDG Director Roel Obusan said the motion will be looked into by the new prosecution panel created by DOJ Secretary Vitaliano Aguirre II, who also ordered for an investigation on the prosecutors who exonerated Lim and several others.
The prosecutors, in a resolution made public on March 12, dismissed the drug charges filed by the CIDG Major Crimes Investigation Unit against Espinosa, Lim, Peter Co, Marcelo Adorco (Espinosa's driver/bodyguard), Max Miro, Lovely Impal, and at least 15 others, including their alleged accomplices, for lack of evidence.
The DOJ’s resolution stated that Adorco’s testimonies, which were used by the CIDG in filing the case, are "rife with inconsistencies and contradictions, and run against the standards of human experience and the logical course of reality."
"For an evidence to be believed, it must proceed not only from the mouth of a credible witness but must be credible in itself as to hurdle the test of conformity with the knowledge and common experience of mankind," the resolution read.
"The dearth of the complainant's evidence and Adorco's unreliability as a witness thus constrains us to dismiss the present complaint against the respondents," it added.
But Obusan said they cannot accept the decision of the National Prosecution Service, stressing the statements of Adorco detailing the illegal transactions of Espinosa and Lim are strong enough to convict the accused.
He admitted that they no longer included the statement of Espinosa, who admitted his participation in the illegal drugs operations.
"This (statement of Adorco) is no longer a hearsay because he has a direct involvement on their illegal transaction," said Obusan.
He said there may be "inconsistencies" in Adorco's statement, particularly in the timeline which is "natural," as it happens years ago.
He said they are already considering the inclusion of Espinosa's statement before the Senate inquiry into the proliferation of illegal drugs.
Obusan said he is confident that the case will prosper this time.
"Kung hindi ako confident, hindi na ako mag MR (I am not confident that this will prosper, I will not file a motion for reconsideration). I am very very confident (because) it's my reputation at stake here dahil kami ang gumawa. That is why I'm trying to push forward dahil I am very confident," he said. (SunStar Philippines)