Despite being warned by Department of Justice (DOJ) prosecutors, Cebu-based businessman and alleged drug lord Peter Lim failed to appear for Wednesday’s preliminary investigation.
He was supposed to file his counter-affidavit but Atty. Magilyn Loha apologized, saying her client could not be present for safety reasons.
“We have explained to our client the consequences, the requirement, the directive made by this honorable panel. However over and against the advice of counsel he advised us that paramount to him is his safety, thus, he decided that he will not able to attend today’s hearing,” Loha told the panel.
Senior Assistant State Prosecutor Juan Pedro Navera, who heads the panel, explained it was important for the panel to determine the identity of Lim who needs to appear personally and swear in to the authenticity of the counter-affidavit.
“In order for us to settle that issue it is important for the panel to see him personally,” Navera stressed during the hearing.
“You know there are implications if he does not attend and it is really not the concern of the panel whether he intends to file a counter-affidavit or not,” he warned Lim’s lawyers.
“This is just like any other preliminary investigation, if the respondent does not submit his or her counter-affidavit then the consequences under Rule 112 must apply,” he added.
Under Rule 112 of the Rules of Criminal Procedure, failure to submit counter-affidavits and supporting evidence within the period prescribed by law, the case shall be resolved based on the evidence presented by the complainant.
Loja instead presented a letter from Lim.
“The threat to my life and safety and to that of my family, has never been more real,” Lim said stating that last March 24, unidentified men tried to kill his brother in Cebu. His brother survived the attack but one of their employees was killed and injured three bystanders.
“The risk is too high for me to take at this point. Hence, against the advice of my counsels, it is with a heavy heart that I am informing this panel of prosecutors that I cannot attend the preliminary investigation,” Lim said.
The other respondents — namely self-confessed Kerwin Espinosa, convicted drug lord Peter Co, alleged drug supplier Lovely Impal, and alleged drug dealer Marcelo Adorco — managed to appear during the hearing on Wednesday.
Espinosa and Co appeared before the panel to take their oaths on their supplemental counter-affidavit and counter-affidavit.
It can be recalled that a former panel of prosecutors ordered the dismissal of the drug charges against Lim, self-confessed drug lord Kerwin Espinosa and several others due to the inconsistencies and contradictions in the testimonies of respondent-turned witness Adorco.
The dismissal drew loud criticisms from various sectors which eventually led to the resignation of then Justice Secretary Vitaliano Aguirre II.
Prior to his resignation, Aguirre created a new panel led by Navera to conduct a re-investigation and determine whether there is a probable cause to put the respondents on trial.
Lim had earlier asked the DOJ to reconsider its decision and reinstate the resolution of the previous panel dismissing the charges against them filed by the PNP-Criminal Investigation and Detection Group (CIDG).
His plea, however, was denied by Justice Secretary Menardo Guevarra. /vvp