Thursday, June 19, 2008 Judge questions DOJ on drug importation
THE judge handling the case yesterday questioned the existence of probable cause to accuse former Cebu vice governor John Gregory “John-John” Osmeña of coddling a shipper of pseudoephedrine.
Judge Meinrado Paredes of Regional Trial Court 13 yesterday emphasized that the prosecution panel has yet to prove that Osmeña “knowingly and willfully” allowed the shipment of the shabu ingredient.
Osmeña was accused of violating the Comprehensive Drugs Act or Republic Act (RA) 9165 four years ago when 60 drums of pseudephedrine entered the country through the Cebu International Port.
The chemicals, estimated to be worth over P3 million, was brought in by the firm Chifeng Arker Pharmaceutical Technology Co. Ltd., aboard the vessel MV Intra Bhum on March 5, 2004.
The consignee was a certain Michael Cummings and his company, Coastside Ventures Inc.
Osmeña’s name entered the picture when three officials who worked under him when he was Cebu vice governor, were linked to Coastside Ventures, Inc. Charges
against the three, however, were dropped for lack of proof.
Edgar Gica, counsel for Osmeña, said the prosecution still has to establish “probable cause” in indicting his client.
He added that the affidavits presented by agents of Philippine Drug Enforcement Agency (PDEA) were not sufficient.
Police Sr. Supt. Primo Golingay, then the PDEA director of compliance service, had issued an affidavit saying that Osmeña met with him in March 2004 at the Pan Pacific Hotel in Malate, Metro Manila. The meeting was held sometime after the drug shipment was seized.
It was then that Osmeña allegedly requested Golingay for help in having the pseudoephedrine imported by Coastside Ventures released by the Bureau of Customs.
The case allegedly started when the Australian Federal Police communicated “highly protected” information to PDEA that pseudoephedrine would be transferred from China to Australia, via Cebu.
However, Paredes wanted the DOJ panel to establish why and how the “highly protected” information came to be revealed in the first place.
Paredes said yesterday he wondered why “nowhere in the records” could it be seen that Osmeña “knowingly and willfully” allowed the drug shipment.
Earlier, Osmeña, through Gica, filed an omnibus motion asking the court to review whether there was enough probable cause to indict his client. But the move was rejected by the DOJ panel.
Only state prosecutor Llena Ipong and assistant city prosecutor Nathaniel Andal were present at yesterday’s hearing. This caused Paredes to cut the hearing short.
Proceedings will resume again on Friday, with the presence of the DOJ panel.
The Department of Justice (DOJ) prosecution panel, who prepared the case documents against Osmeña, are set to arrive in Cebu today. They are Taguig prosecutor Archimedes Manabat and state prosecutors Irwin Maraya and Juan Pedro Naverra. (KAB)
