Fiscals should have told CIDG of weak case vs Espinosa, et al. — Bato
The Department of Justice (DOJ) prosecutors who dismissed the controversial complaint against alleged drug lord Peter Lim and Kerwin Espinosa should have told police that they have a weak case, Philippine National Police (PNP) chief Dir. Gen. Ronald “Bato” Dela Rosa said on Friday.
Dela Rosa said the fiscals were bound by their conscience to inform the Criminal Investigation and Detection Group (CIDG) that they have a weak case against the alleged drug lords.
“Pwede nilang sabihin na hindi kami duty-bound, mag-advise sa CIDG na mahina yung kaso ninyo. Pero konsensya naman alam ninyo na ito’y malaking drug lord,” Dela Rosa said in a press briefing.
(They can say that they were not duty-bound, but they should have had advised the CIDG that it has a weak case. But they are bound by their conscience to do so because these are big drug lords.)
Dela Rosa said that the prosecutors could have had sent a text message to CIDG head Chief Supt. Roel Obusan of the status of the case before having it dismissed.
“We are all under, kahit na separate tayo, pillars of the criminal justice system, we are still under the chief executive, under the executive branch of government,” he said.
“In your appreciation mahina ang ebidensya, baka pwede naman kahit i-text si Obusan na ididismiss itong kaso mo,” he added.
(In your appreciation the evidence is weak, but you could have texted Obusan that the case will be dismissed.)
Assistant State Prosecutor Michael John Humarang and now-Lucena Judge Aristotle Reyes said they dismissed the complaint against Lim and Espinosa because the sworn statements given by the only witness presented by the Philippine National Police Criminal Investigation and Detection Group (CIDG) were “inconsistent, hearsay and unsubstantiated.”
They said that it was not their job to look for evidence for the CIDG that would substantiate the accusations.
READ: Prosecutors: It’s not our job to look for evidence for CIDG
The prosecutors added that the CIDG also did not submit Espinosa’s own admission in the Senate in 2016 that he was a drug dealer.
The resolution, dated Jan. 18, 2018, drew flak and widespread condemnation, prompting Justice Secretary Vitaliano Aguirre II to review the complaint.
President Rodrigo Duterte also vented his ire on Aguirre, saying that he would send the Justice Secretary to jail if the two alleged drug lords are set free.
Duterte said he himself would also review the case.
READ: Palace: Duterte himself will review dismissed cases vs alleged drug lords /muf
