Gov’t prosecutor baffling over Olongapo court decision vs 4 Chinese
JAIL-BOUND The Chinese nationals convicted by an Olongapo City court emerge from the promulgation of their sentence. INQUIRER file photo / ALLAN MACATUNO
Government prosecutors are wary that the Olongapo court decision–convicting four Chinese nationals of drug possession but absolved them in the aspect of drug manufacturing–could pave the way for other arrested illegal drug manufacturers to get away from the law.
On Friday, Olongapo City Regional Trial Court has convicted four Chinese nationals Shu Fook Leung, Kwok Tung Chan, Wing Fai Lo and Kam Wah Kwok. They were arrested in 2016 inside the so-called “floating shabu laboratory.” They were sentenced to life imprisonment and ordered to pay P5 million as civil liability.
READ: Olongapo court convicts 4 Chinese men for ‘floating shabu laboratory’
Based on the decision, all the accused have been found guilty of narcotics possession but acquitted of drug manufacturing even though there was a hydrogenator found on board the vessel.
During trial, Philippine Drug Enforcement Agency (PDEA) forensics chemists have already explained that the sole use of a hydrogenator is to manufacture and produce methamphetamine hydrochloride, locally known as shabu.
The court, however, ruled the possibility of manufacturing because the hydrogenator was “off” or not in use when the raid was conducted.
Senior Assistant State Prosecutor Juan Pedro Navera said he and fellow prosecutors have considered seeking legal remedies against the decision of Judge Roline Jabalde.
“In future cases, it could now be a viable defense that for as long as the equipment is not operational then, however, much equipment are present, it would still not be a clandestine laboratory,” Navera said.
He pointed out that: “the defense was not able to justify or explain why the accused had equipment aboard the boat.”
However, Navera lamented that the court ruled that the machine was not operational when it was discovered.
“So, if that is the reasoning, that it’s not operational, then the court is actually giving exculpatory excuse in any future drug manufactory,” he said.
He pointed out that “the law states that whenever there are equipment it is prima facie evidence that there is manufacturing.”
Navera said they will discuss the matter with Justice Secretary Menardo Guevarra on the legal action to take since penalty-wise, all the accused will still be getting life imprisonment.
“It might not be practical to pursue our remedies anymore considering that the penalty imposed was also life imprisonment. For academic purposes we really disagreed with the dismissal of the manufacturing charge,” he said. /jpv
