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Saturday, May 26, 2007
Lao a state witness in shabu lab case
CEBU CITY -- The shabu laboratory case has a new witness in one of the 12 persons charged after the September 2004 raid that uncovered the illegal drug operation in Mandaue City.
Regional Trial Court (RTC) Judge Marilyn Lagura-Yap of Branch 28 granted the prosecution’s motion to discharge Simon Lao, also known as Hung Ching Chang, as one of the accused.
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This was the second time the prosecution sought Lao’s discharge so he can turn state witness, but the first attempt was denied for lack of the required notice to parties.
This time, though, Judge Yap ruled that the prosecution met the Revised Rules on Criminal Procedure on the discharge of an accused to be a state witness.
The criteria for the discharge are:
* There is absolute necessity for the testimony of the accused whose discharge is requested.
* There is no other direct evidence available for the proper prosecution of the offense committed, except the testimony of the accused.
* The testimony of can be substantially corroborated in its material points.
* The accused does not appear to be the most guilty.
* He or she has not at any time been convicted of any offense involving moral turpitude.
No doubt
“Who else is competent to testify about the alleged conspiracy except someone coming from among the ranks of those conspirators?” said Judge Yap.
Lao has testified he was the errand boy of alleged financier Calvin Tan in the manufacturing of “ice” or shabu.
Lao alleged that he traveled to Macau to meet with Tan and organized the renting of warehouses in Cebu and Mandaue cities where shabu could be manufactured.
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 noted in her 26-page order.
“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 the lookout and driver, respectively.
Evidence
“The evidence that the prosecution has presented so far substantially corroborate the testimony of Hung Ching Chang,” said Yap.
As to whether Lao appears to be the most guilty or not, the court ruled, “Hung was neither the leader nor the mastermind of the group because he was not the financier (and) was not even a partner.”
In a certification presented in court, signed by the Hong Kong Police Force Identification Bureau, Lao was confirmed to have no “criminal conviction record.”
“This order granting the discharge of accused Lao shall be a bar to his future prosecution for the same offense unless he fails or refuses to testify against his co-accused,” Judge Yap’s order also read.
Lao was among the 11 men arrested during a raid on a shabu laboratory in Barangay Umapad in September 2004. They were caught with at least 675 kilos of shabu, several chemicals and lab equipment. Tan was arrested later in Hong Kong. (JGA of Sun.Star Cebu)For more Philippine news, visit Sun.Star Zamboanga. (May 21, 2007 issue)
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