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Saturday, July 01, 2006
Calvin Tan blocks plan for ‘witness’
By Rose O. Versoza
Sun.Star Staff Reporter
The lawyer of suspected shabu financier Calvin de Jesus Tan yesterday opposed the prosecution’s move to turn co-accused Hung Chin Chang into a state witness.
The prosecution filed a motion last Monday seeking to discharge Hung, a British national, as an accused, and use him instead as a witness against Tan and the other accused.
But Tan’s counsel William de los Santos said during yesterday’s hearing that Hung cannot qualify as a state witness because he appears to be the most guilty among all the accused.
Tan, Hung and 11 other men were charged with two cases of drug manufacturing before the Regional Trial Court (RTC) for the operation of shabu laboratories in Mandaue City.
“His (Hung’s) testimony is absolutely necessary to prove the conspiracy of accused Tan and the rest of the accused to manufacture drugs at the Caps ‘R Us warehouse in Barangay Umapad and at the warehouse in Barangay Paknaan, Mandaue City and to prove that the Umapad and Paknaan criminal enterprises were actively planned, directed, supervised and financed by accused Tan,” the prosecution’s motion stated.
But de los Santos pointed out that based on the testimony of prosecution witness Morteza Tamadoni, it was Hung who established the shabu operations in Mandaue.
Hearing
He said Hung’s own affidavit even showed that he is the most guilty among all the accused.
“He is the mastermind. Why should we hear his testimony? His testimony shows that he is the most guilty,” de los Santos told the court yesterday.
Still, Judge Yap said a hearing must be conducted on the request for Hung’s discharge because this is required under the Rules of Court.
Hung’s counsel Danilo Yap (not related to the judge) said it is not for de los Santos, but for the court, to determine whether his client is the most guilty.
He said his client was a mere coordinator in the drug operation but Tan was the financier.
He likened Tan’s role to that of a king who hatched the war with Tan as one of his soldiers who fought in the war.
Judge Yap will ask the Supreme Court to provide them with an interpreter on July 20 and 21, when Hung will take the witness stand.
Hung, who is Chinese-speaking, does not speak nor understand English.
Language
Hung’s lawyer also assured the court that his client, who signed his conformity to the prosecution’s motion, was fully informed about the contents of the document that he signed.
He said the motion was sent to Hung’s wife, an English teacher, in Hong Kong and the latter explained it to him.
Meanwhile, the Supreme Court (SC) denied the administrative complaint for grave abuse of discretion and gross ignorance of the law, which de los Santos filed against RTC Branch 28 Judge Marilyn Lagura Yap.
De los Santos filed the administrative complaint before the SC following Judge Yap’s denial of his client’s petition for bail.
But SC Court Administrator Christopher Lock, in his letter to de los Santos, said the issues raised against the judge are “purely judicial in nature” so it “cannot be given due course.”
For Bisaya stories from Cebu. Click here. (July 1, 2006 issue)
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