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Monday, March 07, 2005
Cuenco optimistic ‘shabu boss’ Tan will be flown to RP soon
* Where he will face trial for allegedly financing a shabu lab that got raided in Mandaue City last September
IF the Hong Kong magistrate decides in favor of the prosecution, suspected shabu lab financier Calvin Tan may return to the country with the Philippine delegation after Wednesday’s oral argument.
Rep. Antonio Cuenco (Cebu City south) said all they need now is the assurance from the Philippine Government that Tan will not be meted the death penalty if convicted of financing a shabu laboratory in Barangay Umapad, Mandaue City.
Cuenco will be with Justice Secretary Raul Gonzalez and representatives from the Philippine Drug Enforcement Agency (PDEA).
The congressman is confident the decision on Tan’s extradition will be released right away, saying they were told by representatives of the Hong Kong Justice Department that decisions are usually out in the afternoon.
He is also hopeful that the Hong Kong magistrate will rule in their favor.
This is why Cuenco will bring along Supt. Amado Marquez of PDEA 7 to serve as Tan’s escort if he is released to the Philippine Government.
Should the court require more facts and documents from the Philippine Government, Cuenco said they will be ready to answer the court’s inquiries.
Cuenco explained that the Hong Kong Justice Department is handling all arguments.
Assurance
Cuenco also said President Arroyo has given her assurance to exercise her powers to lower a death sentence to a life term, if Tan is convicted.
If the Regional Trial Court convicts Tan, he is expected to appeal the decision all the way up to the Supreme Court.
Cuenco said the President cannot change the decision, but has the power to grant a reprieve and to lower the sentence.
“She will be acting within her legal rights. She herself is not in favor of the death penalty. That is why she has been postponing executions under her term,” Cuenco told Sun.Star Cebu in a telephone interview.
He added that the imposition of the death penalty is also under review by the congressional committee on revision of laws, due to the resolutions of European parliaments calling for the abolition of the death penalty.
The committee is reviewing several bills that have been filed disallowing capital punishment.
He declined to go into detail, though, on how the President gave her assurance, saying it was granted through Secretary Gonzalez.(MEA)
(March 7, 2005 issue)
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