Cebu businessman and alleged drug trafficker Peter Lim has asked the Department of Justice (DOJ) to conduct a separate preliminary investigation into the illegal drug charges against him and his co-respondents.
In a five-page motion dated April 5 but only released to media on Friday, Lim is requesting for a separate preliminary investigation against him, explaining that his defense might not be given due attention by the prosecution.
“Mr. Lim is concerned that his defenses and the obvious lack of evidence against him might not be given due attention in view of the number of respondents and transactions involved in the case,” his motion stated.
“Worse, his defenses might not only be glossed over and overshadowed as this Panel of Prosecutors may concentrate on the defenses raised by the other respondents,” his petition added.
The complainants in the case, Lim said, relied on the statements of Marcelo Adorco, the former bodyguard of the late Albuera, Leyte Mayor Rolando Espinosa. Rolando is the father of self-confessed drug lord Kerwin Espinosa.
“From Adorco’s own statements, it is clear that the alleged transactions between: (a) Kerwin and Co/Impal, on one hand; and (b) Kerwin and ‘Peter Lim,’ on the other hand, are separate, distinct and totally unrelated,” Lim said in his motion.
“Considering that he is being charged with a non-bailable offense, and in order to prevent undue prejudice to him, Mr. Lim respectfully requests that this Panel of Prosecutors conduct a separate preliminary investigation against him to fully protect his constitutional right to due process,” it stressed.
The Criminal Investigation and Detection Group’s Major Crimes Investigation Unit (CIDG-MCIU) of the Philippine National Police (PNP) had filed a criminal complaint against Lim, Espinosa, Adorco and 15 others before the DOJ.
The CIDG-MCIU accused the respondents of violating Republic Act 9165, also known as the Comprehensive Dangerous Drugs Act of 2002.
Other respondents were identified as Peter Co, Max Miro, Ruel Malindangan, Jun Pepito, and several others who are only known through the aliases Amang, Ricky, Warren, Tupie, Jojo, Jaime, Yawa, Lapi, Royroy, Marlon, and Bay.
The DOJ was set to launch another preliminary investigation into the criminal complaint on April 12.
The new probe was set after former DOJ Secretary Vitaliano Aguirre II formed a new panel of prosecutors to handle the case. The move was in response to criticism hurled at the department for dismissing the cases against Lim and Espinosa. /jpv
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