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Facade of the New Bilibid Jail (NBP), with the signal of the Bureau of Corrections (BuCor). Picture from the BuCor web site
MANILA, Philippines–Throughout the trial of former Sen. Leila de Lima’s drug case, authorities prosecutors have managed to uncover the complicated community of drug transactions involving high-profile inmates however failed to ascertain the previous senator’s involvement, the Muntinlupa Regional Trial Court docket Department 204 stated.
One of many prosecution witnesses, then Philippine Nationwide Police-Legal Investigation and Detection Group (PNP-CIDG) Director, now Baguio Metropolis Mayor Benjamin Magalong, testified that they’ve launched the intelligence build-up relating to the drug buying and selling.
He stated they had been in a position to determine high-profile inmates which might be principally controlling the drug commerce in all the nation, particularly Ben Marcelo, Vicente Sy, Peter Co, Tony Co, William Ang, and a number of other others.
Magalong stated they’d finalized the operation plan signed by then Justice Secretary de Lima and Inside and Native Authorities Secretary Mar Roxas. However he stated they’d been excluded from the precise raid carried out by the NBI, Bureau of Corrections, and its K9 unit.
One other witness, former police investigator Nonilo Arile who was convicted of kidnapping-turned police asset, testified that not solely was drug rampant inside however playing, the place betting includes thousands and thousands of pesos.
De Lima’s involvement
Inmates Hans Anton Tan and Peter Co, police officer Jerry Crisostomo Valeroso talked about de Lima of their testimonies relating to soliciting P10-million for her senatorial bid. Nonetheless, the court docket famous that the details about de Lima solely got here from fellow convicted, the late Jaybee Sebastian.
Among the many witnesses, solely then Bureau of Corrections (BuCor) officer-in-charge Rafael Ragos and Intelligence Agent Jovencio Ablen testified about seeing de Lima. Ready testified that he accompanied Ragos when he delivered a complete of P10-million at de Lima’s home on Nov. 24, 20212, and Dec. 15, 2012.
However between Ablen and Ragos, the court docket famous that solely Ragos knew the supply of the P10-million, which was the proceeds of the drug commerce.
Nonetheless, in 2022, Ragos disowned his testimony, saying he was threatened to signal an affidavit implicating de Lima.
READ: One other witness retracts accusations vs. De Lima, says he was ‘coerced’
Ragos recognized former Justice Secretary Vitaliano Aguirre because the one who coerced him to implicate de Lima. Aguirre vehemently denied the allegation.
READ: Aguirre denies coercing Ragos to indict De Lima in Bilibid drug commerce
Initially, the court docket stated the crime of conspiracy to commit unlawful drug commerce was adequately alleged, however establishing its existence was a failure.
“The next recantation of witness Ragos casts affordable doubt on the credibility of his testimony,” the court docket stated.
In response to the court docket, recantation is seen with suspicion and reservation as a result of usually, witnesses will be intimidated to withdraw their earlier testimonies. The “uncommon exception,” the court docket stated, is that if there isn’t any proof sustaining the judgment of conviction aside from the testimony of the recanting witness.
As on this case, with out Ragos, there isn’t any “essential hyperlink,” in line with the court docket, that might set up the truth that de Lima conspired with inmates in its unlawful drug commerce.
“The retraction created affordable doubt which warrants the acquittal of each accused [de Lima and Dayan],” the court docket stated.
Phrase of warning
The court docket stated, it has all the time supported legislation enforcement efforts to battle the unlawful drug commerce. But it surely stated, “vigilance in eradicating unlawful medication can not come on the expense of disregarding the rule of legislation, proof and established jurisprudence on the matter.”
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