John-John Osmeña Cleared from Drug Case

[Motownkid]

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Court clears John-John Osmeña

THE Regional Trial Court (RTC) dismissed yesterday the case against former Cebu vice governor John Gregory “John-John” Osmeña for allegedly coddling importers of illegal drugs.

RTC Judge Eric Menchavez said the prosecutors failed to establish that there was an illegal importation.

“It is necessary to convict first the illegal importer before the prosecutor can accuse somebody of coddling, because if the accused will be acquitted, then there is no reason to prosecute anybody of coddling,” read Menchavez’s 11-page order dismissing the case.

“So, it is logical to say that if that is the case, Osmeña is accused of coddling an unknown person or a person unknown to him,” he said.

Osmeña was charged with violating the Comprehensive Dangerous Drugs Act of 2002, particularly Section 4, which focuses on the “importation of dangerous drugs and/or controlled precursors and essential chemicals.”

The law provides for a penalty of up to 20 years of imprisonment and a fine of up to P500,000 on “any person who acts as a protector/coddler of any violator of the provisions.”

Menchavez said that when the case was still heard before RTC Branch 13 Judge Meinrado Paredes, the latter directed prosecutors to prove illegal importation.

2 at large

Also accused of violating Republic Act 9165 are Mike Cummings and Dirk Hultz. These are the foreigners that Osmeña is accused of coddling. But the two foreigners have yet to be arrested.

Cummings was named the consignee of 1,500 kilograms of the shabu precursor pseudoephedrine, a shipment that was seized at the port of Cebu on March 5, 2004.

“The court also noted that the prosecution itself failed to convince the court that accused knew his supposed associates before March 2004, before the alleged importation of subject chemicals was declared by authorities as illegal,” read the order.

Osmeña, through lawyer Edgar Gica, sought the judicial determination of probable cause and the quashal of the information against him.

The prosecutors opposed the move, saying that determination of probable cause is executive in nature and thus, lies in the hands of Department of Justice prosecutors and not the judge.

But Menchavez ruled that a judge may still dismiss the case outright for lack of probable cause.

Consent

Menchavez affirmed Paredes’ stand in his confrontation with Taguig City Prosecutor Archi-medes Manabat, State Prosecutors Juan Pedro Navera, Irwin Maraya and Llena Ipong; and Assistant City Prosecutor Jose Nathaniel. He said they needed to prove the element of “knowing and willful consent” and that Osmeña used his power and position to protect Cummings and Hultz.

One of the prosecutors’ circumstantial evidence to prove coddling was Osmeña’s alleged phone conversation with Supt. Primo Golingay of the Philippine Drug Enforcement Agency (Pdea) Compliance Service.

In the conversation, he allegedly sought the release of the shipment.

But according to the order, Golingay refused to help the then public official if the papers were not in order. After that conversation, Golingay admitted in his affidavit that he did not hear from Osmeña anymore.

“(It) clearly established that Osmeña did not use his public position and power to protect or coddle Cummings and Hultz or commit an act of shielding, harboring, screening supposed illegal importers,” Menchavez said.

full story here

[slyder10]

election is fast approaching, john-john's legal is trying to earn his pay. 2-3 months from now john-john will be back home, kudos to jimboy!

[higanstolsdawen]

who's jimboy?

[giddyboy]

technically, the RTC is right. the evidences like phone calls cannot pin John2x as coddling. but perception-wise, he's as guilty as hell. he's damaged goods.

any ordinary Cebuano even knows as common knowledge what the dark dealings of his father and him were doing. from the rice smuggling to this alleged pseudo-ephedrine scandal.

[LytSlpr]

yup, RTC is right pero mura'g nabayran ang testigo sa original drug case and probably the sala of that case thus a domino effect leaving the court handling john-john's no choice but to clear him.

but the intelligent people in cebu knows, but what about the big majority who doesn't know, like the masa? it's ironic, because believe it or not, these kind of people can still win the poor's votes.

big example is Lacson.

[Breadfox]

i'm not surprised

[LytSlpr]

Nalzaro: Is John-John off the hook? | Sun.Star Network Online

nakalimot lang ug mention si super bob sa ecstacy issue. the regular local club goers knows that this guy drops ecstacy.