Cebu-based businessman Peter Lim asked the Department of Justice to stop the reinvestigation on the drug charges against him, which were already dismissed by the Department of Justice earlier.
During the reopening of the preliminary investigation on the case on Thursday, Lim’s lawyers led by Majilyn Loja sought a reconsideration of the order of resigned Justice Secretary Vitaliano Aguirre II last month that vacated the December 2017 resolution dismissing the complaint of Philippine National Police – Criminal Investigation and Detection Group against him, confessed drug lord Kerwin Espinosa and eight others.
Loja asked newly appointed Secretary Menardo Guevarra to reverse the decision of Aguirre and reinstated the previous resolution that junked the charges for sale, administration, dispensation, trading, delivery and transportation of illegal drugs under Republic Act 9165 or the Comprehensive Dangerous Drugs Act.
Lim’s lawyer argued that the reopening of the case already dismissed by the previous panel of prosecutors is violating the constitutional rights of Lim, including his right to speedy disposition of case and due process of law.
“The assailed Order neither contained the ground for vacating the dismissal of the complaint against Mr. Lim, nor it discuss the evidentiary basis in the records and disclosed to the parties during the preliminary investigation, to support such Order,” the motion stated.
“Considering the threat from the President, the negative reactions from government officials and the perceived ‘public outrage,’ it is obvious that the assailed Order was issued to appease personalities and the public. Notably, the Secretary of Justice himself admitted that his action in this case was influenced by the public’s reaction on the dismissal of the complaint against Mr. and his co-respondents,” it said.
The lawyer also argued that the parties were already afforded sufficient opportunity to submit their respective pieces of evidence during the previous hearings,
“The reopening of this case for further reception of evidence, after its dismissal due to insufficiency of evidence, reeks of bias and prejudice against Mr Lim,” she said.
Lim’s lawyer also filed a separate motion for the conduct of separate investigation on charges against him from those of other respondents.
in the hearing yesterday, the new panel of prosecutors led by Senior Assistant State Prosecutor Juan Pedro Navera ordered the CIDG to comment on this motion of Lim within five days.
The DOJ panel also required the CIDG, represented by the office of the solicitor general this time, to submit additional pieces of evidence against Lim, Espinoza and other respondents in the next hearing set for April 30.
It was also confirmed that two henchmen of Espinoza who were named respondents in the case – Noel Pepito and Max Miro – have been killed in separate incidents.
The DOJ started the reinvestigation following the dismissal of the charges by earlier investigating panel of prosecutors, which triggered massive criticisms and even earned the ire of President Duterte himself.
The previous panel composed of Assistant State Prosecutors Michael John Humarang and Aristotle Reyes dismissed the charges of sale, administration, dispensation, trading, delivery and transportation of illegal drugs under Republic Act 9165 (Comprehensive Dangerous Drugs Act) against the respondents for lack of probable cause.
The prosecutors faulted the PNP-CIDG for presenting weak evidence and the “inconsistencies” in the testimony of lone witness, Marcelo Adorco, as reasons for dismissal of the charges.
Adorco claimed in his affidavit that Lim had supplied narcotics in “staggering amounts” to Espinosa for more than two years.
However, the investigating panel held that Adorco’s claims were contrary to the “standards of human experience and the logical course of reality.”
The panel also cited as basis the complainant’s “failure to present any circumstantial evidence to prove respondents illegal drug transactions.”
Espinoza has already confessed being involved in the illegal drug trade, but the PNP-CIDG did not submit to the DOJ his affidavit of confession during earlier preliminary investigation.
