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Friday, July 21, 2006
Briton testifies vs. Calvin Tan
By Rose O. Verzosa Sun.Star Staff Reporter
Despite objections from defense lawyers, British national Hung Chin Chang finally testified yesterday against his co-accused in the shabu manufacturing case, with the assistance of a Supreme Court-appointed Chinese interpreter.
He pointed to suspected drug financier Calvin de Jesus Tan as the one who put up the shabu factory in Mandaue City. Tan merely hired him to handle it, he said.
Hung’s testimony, which dealt with how the shabu laboratory was conceptualized, was taken to support his application to become a state witness.
Tan and Hung, along with 12 other men, are facing two cases for drug manufacturing for the operation of the clandestine shabu laboratories in Barangays Umapad and Paknaan in Mandaue City.
Law enforcers raided the warehouses that were turned into clandestine laboratories last Sept. 24 and 25, 2004.
Hung and 10 men were arrested in the first raid in Umapad. Tan, who was caught in Hong Kong for a separate drug possession case, was extradited last year.
Objection
Tan’s lawyer, Gloria Lastimosa-Dalawampu, and the lawyers for the other accused objected to the prosecution’s presentation of Hung, saying that he is not qualified to become a state witness.
“Hung is the most guilty in this case and he is the only one guilty in this case, so how can he be discharged as a state witness?” said lawyer Hector Fernandez, who represented two other accused.
Defense lawyers argued that it is not proper to present Hung until it can be shown that he has the qualifications of a state witness.
But Regional Trial Court (RTC) Judge Marilyn Lagura Yap ruled that courts are directed to hold a hearing in support of an application for an accused to become a state witness.
For this purpose, it is the prosecution that decides what evidence to present or whom to put on the witness stand.
Although a hearing is required, defense lawyer Noel Archival said it does not mean that the accused who is seeking to be discharged as a state witness should be placed on the witness stand.
But lawyer Bernardito Florido, who represents warehouse owner Richard Ong, said an accused–applicant may testify during the hearing, if he so wishes, even if his application has not yet been ruled upon.
Meeting
He pointed out that the Rules of Court and jurisprudence do not prohibit this.
Hung told the court that in mid-2002, a certain Lee Hiong to whom he delivers various merchandise in Hong Kong, where he was also residing, invited him to go to the Philippines to set up a business.
It was in Makati City where Lee introduced Hung to Ah Wai, also known as Calvin de Jesus Tan or Boss Joey, who was said to be into the export business.
According to Hung, Tan told him he needed someone “to man his export business” and that person must be a Chinese national whom he can trust because “he doesn’t trust Filipinos.”
In December 2002, he again met with Tan in Macau and, there, Tan told him he was putting up an “ice” or shabu factory in Central Visayas.
Powerful friends
Tan admitted to him that he was engaged in this kind of business.
“At first, I told him that I do not know this business but he said he will teach me and I will earn lots of money,” Hung said.
Hung said even Tan told him not to worry about getting arrested because “he has powerful friends in the Philippines.”
After that, Tan met and communicated with him to discuss the financing of the shabu operation, as well as the machineries, ingredients and labor required.
Tan also introduced him to co-accused Joseph Yu, who was facilitating the factory in Cebu. Tan asked Hung to look for another person who will purchase hydrogen gas for them.
Through a certain Benjie, Hung came to know of Mortesa Tamadoni, who he contacted to make the hydrogen gas purchase, explaining that they are going to produce resin.
Interpreter
Tamadoni, who happened to be a police asset, earlier testified in court and implicated Hung and Tan in the shabu operation in Cebu.
Hung said he communicated with Tamadoni, an Iranian national, using “very basic English” and an electronic dictionary translator.
Since Hung cannot communicate in the English language, lawyer Jeffrey Charlson Yu acted as the interpreter yesterday, using the Fookien language.
Jeffrey, who is also the clerk of court of RTC Branch 28 in Manila City, was appointed by Supreme Court Chief Justice Artemio Panganiban last January as the official Chinese interpreter for the court.
But even before his official designation, Jeffrey had served as court interpreter for more than four years, handling 30 to 50 cases using the Fookien language.
For Bisaya stories from Cebu. Click here. (July 21, 2006 issue)
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