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Monday, May 05, 2008
Ex-Cebu vice guv stumped over drug charges
By Karlon N. Rama
CEBU CITY -- What evidence did the justice department have in charging former Cebu vice governor John Gregory "John-john" Osmeña over the alleged attempt to smuggle P3 billion worth psuedoephedrine to Cebu in 2004?
The former vice governor's camp cited the dearth of evidence in a July 26, 2007 motion to dismiss that, according to his lawyer, was not acted upon by state prosecutors during a preliminary investigation.
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Justice Secretary Raul Gonzalez, when asked, simply said the ex-vice governor's camp "already knows why" John-john is being charged.
The shipment, lawyer Edgar Gica had argued in the 2007 pleading, was consigned to one Michael Cummings, with the address of Coastside Ventures Inc., and not to the former vice governor.
But it was the vice governor who got "annihilated" before the media and investigated by the National Bureau of Investigation (NBI), the Philippine Drug Enforcement Agency (PDEA) and, subsequently, the justice department.
On the other hand, Gica wrote in the pleading Sun.Star Cebu obtained last Saturday, that neither Cummings, who has yet to be seen or heard from, nor his lawyer Salvador Panelo, were subpoenaed to explain the shipment at the height of the investigation.
Panelo surfaced right after the March 4, 2007 seizure of the shipment at the Cebu International Port to say that Michael Cummings was granted authority to import psuedoephedrine.
Certification
Panelo, Gica said, could have testified to the existence of a certification issued by the Compliance Services of the PDEA last March 14, 2007 that showed Coastside was issued an "S4" and an "S5-I" license to import pseudoephedrine hydrochloride and that the license was valid from Aug. 15, 2003 until August 15, 2004.
"Of course, such certification belied the charge against any of the respondents for violation of (Republic Act) 9165 and would definitely add an advantage to the respondents' contention that the instant case is but a harassment suit against John-john and the Osmeña family in Cebu as part of a political persecution set up by their political opponents," the pleading read.
That the allegation is politically motivated is something the governor's camp is underscoring strenuously.
Likewise, they believe that political pressure is fueling the investigation and, subsequently, the filing of the case.
"The instant case is just like a movie-a make-believe scenario. It is actually a frame-up, with John-john as the victim," the pleading read, adding that all other co-respondents are impleaded via forgery, falsification and false narration of facts for the singular purpose of pulling John-john and the Osmeña's down.
Gica identified the producers of the make-believe scene as the Garcias and Representative Antonio Cuenco (Cebu City, south district).
"To complete the movie set, the complainants supplied the props, and directed the stunts and even acted as stuntmen themselves, taking advantage of their office," his pleading read.
How else, they posed, could the charges reach the level of the justice secretary despite questions on whether the actual smuggling of the narcotic precursor, which is also used in the manufacture of cold medicines, really took place?
Questions
"The existence of the pseudoephedrine was merely established by pictures of drums and plastic wrappings or recycled documents such as certifications from customs and/or (Philippine Drug Enforcement Agency) and from the (Securities and Exchange Commission)," the pleading read.
"Even the volume of the questionable chemicals was merely suggested or declared by the PDEA agents that it is more than 1,500 kilos," it added.
And, Gica pointed out, they were not even given the opportunity to see the evidence.
Similarly, the Novermber 10, 2003-letter of one Brian McDonald, the supposed Australian Federal Police operative who alerted PDEA of the incoming shipment, giving them time to launch Operation Queen, was given credence.
This was despite the absence of any proof as to the content of the letter, absence of proof as to the identity of McDonald and absence of any apparent authority from the Australian government allowing McDonald to share information with PDEA regarding the shipment.
Based on the pleading, the contents of the reported letter didn't jibe with the other facts of the case, raising the question on whether it pertained to the same thing or not.
Moreover, it was the Bureau of Customs that discovered the drugs, ferried to Cebu by boat; not PDEA cornering the contraband sent via airplane.
The only specific allegation against John-john was his alleged meeting with two supposed Australians-Kessel and Soria-at a local hotel and the supposed calls and offers he allegedly made to government officials to have the shipment released.
But, Gica pointed out, none from PDEA heard what was supposedly discussed in that alleged meeting at the hotel and whatever else happened after that.
Speculated
"PDEA merely speculated by association that John-john (was behind the shipment), with his Expedition car, the supposed confidential letter of McDonald which mentioned the names of Australian nationals who are Caucasian, the imagined existence of Kessel and Soria as the Caucasians who arrived in Cebu City on Feb. 18, 19 and 20, 2004, the alleged meeting with John-john at the Metropolis, the request by telephone calls for the release of the alleged items from customs, (the request) to delay the results of the laboratory examination and the alleged promise of reward or considerable amount-all of which can easily be concocted," he wrote.
Then there is the supposed involvement of John-john's staff members at the Office of the Vice Governor in Coastside Ventures Inc., as "evidenced" by SEC records.
"The papers where the names of John-john's former office staff, like that of Joebert L. Cuesta, Ma. Rowena T. Roldan and Rorela T. Villegas can easily be tampered with and/or supplied (then) filed with the SEC," Gica's pleading said. Gica instead noted how the pseudoephedrine case unfolded much like the Perdido Lex controversy-staff members and employees becoming incorporators of a company. (Sun.Star Cebu)
For more Philippine news, visit Sun.Star Pampanga. (May 5, 2008 issue)
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