Thursday, October 18, 2007 Simon Lao dropped from case but stays jailed
THE Regional Trial Court (RTC) has dropped the drugs case against Simon Lao, also known as Hung Ching Chang, who is one of the respondents in the Mandaue shabu laboratory case.
But the court isn’t inclined to release him from detention just yet, as Judge Marilyn Yap wants him detained until she rules on the main case.
If released, she said, and Lao fails to appear in court to make his testimony, he cannot be impleaded in the case a second time. This will be a violation of the double jeopardy rule.
“The court is aware of the legal effects of a discharge of an accused. It operates as an acquittal. While Sec. 18, Rule 119 of the Revised Rules on Criminal Procedure expressly mentions that, it does not say that the accused shall immediately be released from discharge,” Yap said.
Yap cited the Supreme Court’s ruling in the People vs. Angelito Martinez and Dexter Tagle case of 2004. In it, the court only released Rigor Aguilar, the co-accused who turned state witness, after the judge rendered his ruling.
“With the ruling of the Supreme Court... it would appear that in interpreting the effect of discharge of an accused as an acquittal, these cases must be first decided to warrant the release of the movant, thus assuring his willingness to testify for the prosecution,” Yap ruled.
After denying it twice, Judge Yap granted the prosecution’s motion to have Lao discharged last May.
The ruling granted him state witness status in the non-bailable case that has as respondents Calvin Tan, Joseph Yu alias Joseph Tiu/Ramon Uy Lim; Siew Kin Weng; Liew Kam Song; Lin Li Ku; Bao Xiafu; Wu Tiao Yi; Tao Fei; Liu Bo; Allan Yap Garcia; and Joseph Lopez.
Minus Tan, Lao and the rest were arrested last September 24, 2004 by a composite team of Philippine Drug Enforcement Agency (Pdea) and regional PNP intelligence operatives.
Two others, Richard Ong and Andy Ng were arrested and charged together with them although they were later cleared after the court determined that their only participation was leasing to Lao the warehouse in Barangay Umapad.
In his application, Lao testified that he was the errand boy of alleged financier Calvin Tan in the manufacturing of “ice” or shabu.
Lao said he even traveled to Macau to meet with Tan and organized the renting of warehouses in Cebu and Mandaue cities where shabu can be manufactured.
No doubt
He was also the main contact of Tan in Cebu, along with Joseph Yu, who held the bank account where Tan allegedly sent the money. Lao also provided direct evidence in the case, a requirement set to become state witness.
“There is no doubt that what Hung Ching Chang testified in court was a direct, personal and positive affirmation of the conspiracy in the manufacture of dangerous drugs,” Yap said in making him state witness.
“Without the testimony of Hung Ching Chang, the court would not know about the meetings he had with Tan and the roles they played in the conspiracy and the other accused in the actual manufacture of ice or shabu.”
Lao testified that five of the other accused, all Chinese nationals, “cooked” the drug. Two other Chinese nationals were in charge of the machinery, while two Filipinos, Allan Yap and Joseph Lopez, served as lookout and driver, respectively.
Tan, on the other hand, calls Lao’s testimony a “cock and bull story.”
Through lawyer William de los Santos, Tan pointed out that the testimony of another prosecution witness–Morteza Tamadoni–shows that it was Lao who established the operation of the laboratory.
He said Lao’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. (KNR)
