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Saturday, April 30, 2005
Shabu lab 'head' faces Cebu trial
By Garry Cabotaje
HONG KONG -- A Philippine legal team secured the extradition of suspected shabu kingpin Calvin de Jesus Tan, as the Eastern Magistrates' Court ordered that he be returned to the Philippines to face a drug trial in Mandaue City.
"We finally got him. We scored a grand slam. It was the result of a joint executive and legislative teamwork," said Rep. Antonio Cuenco (Cebu City, south).
Hong Kong Magistrate Allan Wyeth of Court No. 5 handed the order past 3 p.m. Friday, after a whole-day hearing that began at 9:45 a.m.
"The judgment was swift and fair," added Justice Undersecretary Ernesto Pineda, designated head of the legal team.
"The long arm of the law has finally caught up with him because of our concerted efforts," said lawyer Jose Calida, adviser of the congressional oversight committee on dangerous drugs.
But Tan, 29, can still go to a higher court within 15 days to contest the magistrate's verdict.
Surrender
The Eastern Magistrates' Court is similar to a Municipal Trial Court in the Philippines.
If Tan fails to make an appeal, the magistrates' court will forward its decision to Hong Kong Acting Chief Executive Donald Tsang.
In turn, Tsang will decide on whether to surrender Tan, who hails from Cabanatuan City but with residence in Manila, to Philippine authorities.
In the meantime, Wyeth ordered that Tan should remain detained at the Lai Chi Kok Reception Center in mainland Kowloon.
Tan was identified as the financier and mastermind of the shabu laboratory in Umapad, Mandaue City that was raided last Sept. 24. Hong Kong customs authorities reported that Tan has HK$11 million in the bank.
Tan and 11 arrested men, mostly foreigners of Chinese descent, have been charged with illegal manufacture of shabu before the Regional Trial Court in Mandaue City.
Take time
The pre-trial of the case resumed yesterday. The court heard a motion of businessman Andy Ng, one of the owners of the Umapad warehouse that was turned into a shabu laboratory, to post bail.
"It (extradition) will strengthen the drug case in Mandaue City," commented Senior State Prosecutor Archimedes Manabat.
For his part, Wayne Walsh, Hong Kong's senior government prosecutor, said the extradition may take time as Tan has the option to write Tsang not to send him home.
Wyeth decided in favor of the Philippine petition after he considered the "overwhelming" documentary and material evidence, which Wayne presented during the hearing.
Among others, Wayne read the affidavits of his two alleged cohorts-Hung Chin Chang and Mortezza Tamaddoni, which categorically identified him as the "financier and mastermind" of the mega shabu laboratory in Mandaue City.
'Tentative'
Defense lawyer Gerard McCoy questioned the affidavits of Hung, also known as Simon Lao, and Tamaddoni, describing these as "tentative and hesitant."
McCoy said conspiracy must be established and that Hung's affidavit must be certified by an interpreter. But Wyeth gave weight to Walsh's statement that conspiracy was established when Hung said that he met with Tamaddoni and Tan in Macau last April 15, 2004.
The name of Joseph Yu, one of the 11 arrested in Mandaue, was also listed in Tan's notebook. This is admissible as evidence as directly links Tan to shabu-making in Mandaue, Wyeth said.
McCoy, who charges Tan HK$100,000 per court appearance, also confided to Walsh that Tan refused to surrender despite President Arroyo's assurance that he will not face the death penalty.
While Wayne read the testimonies of Hung and Tamaddoni, Tan could not help but shake his head.
However, Tan remained calm throughout the hearing, interrupted only by a noon break, and even until Wyeth handed down the verdict.
Evidence
His Chinese girlfriend and uncle attended the hearing.
At least two guards watched over him inside a five-seat prisoner dock, a separate side cubicle in the courtroom.
This former British colony's protection of the rights of the accused includes bans on taking photos inside the courtroom.
Tan and his escorts have a separate entrance and a special elevator in going up to the fourth floor, where Court No. 5 is located.
Aside from documentary evidence, Wayne also submitted to the court "substantial material evidence" including Tan's cash, bankbooks, notebooks, ledgers, cell phones and SIM cards.
Tan allegedly had P5 million in his possession when he was arrested at a ferry terminal in Hong Kong last Sept. 29, aside from millions in his bank accounts.
The Philippine legal team has attended the hearings in Hong Kong five times upon the initiative of Ilocos Norte Rep. Roque Ablan Jr., House committee on dangerous drugs chairman.
When informed by Cuenco about the court decision, the elated Ablan promised to send a special plane to bring back Tan to the country.
(April 30, 2005 issue)
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