Lawyers of Peter Lim submit counter-affidavit, raise safety concern of client

Peter Lim’s co-accused Peter Co attends the preliminary hearing at the Department of Justice regarding the drug case filed against them and Kerwin Espinosa. INQUIRER.net photo / Tetch Torres-Tupas

Cebu-based businessman Peter Lim feels safer at the Manila City Hall than at the Department of Justice (DOJ), thus, the absence of the businessman during the filing of his counter-affidavit before the DOJ on Thursday.

Lim was absent in Thursday’s preliminary investigation but his lawyers already has his counter-affidavit subscribed before Manila Assistant City Prosecutor Antonio Valencia.

But Assistant State Prosecutor Aristotle Reyes maintained that the counter-affidavit should be prescribed before the investigating prosecutor.

“He (Lim) was able to appear before the City Prosecutor of Manila and yet he failed to appear before us here,” Reyes said.

READ: DOJ subpoenas Peter Lim, 7 other suspected drug lords

“Under the DOJ manual, submission of counter-affidavit is provided that within 10 days, from receipt of subpoena until the respondent shall submit his counter-affidavit, which shall be subscribed, sworn to and certified based on the NPS (National Prosecution Service) format. Manual also provided format of certification, I hereby certify that I have personally examined the affiant and I am fully convinced that he or she voluntarily executed, submit. Signed investigating prosecutor,” Reyes added.

Lim’s counter-affidavit was supposed to be in response to the complaint for violation of Section 26 (b) of RA 9165 or the Comprehensive Dangerous Drugs Act. Section 26 (b) is an attempt or conspiracy for the sale, trading, administration, dispensation, delivery, distribution and transportation of any dangerous drug and/or controlled precursor and essential chemical. His co-respondent include self-confessed drug dealer Rolan “Kerwin” Espinosa, convicted drug lord Peter Co and several others.

Reyes said Lim has to appear before their presence within the day to subscribe his affidavit otherwise they will consider that he has waived on the opportunity to respond to the illegal drug trade allegation.

When asked why Lim opt to be at the Manila Prosecutor’s Office at the City Hall of Manila which is only 1.5 kilometer away from the DOJ, his lawyer. Atty. Magilyn Loja said “did you see the number of people around? We could not be sure about the security. It was a personal decision that he made.”

“Access to this place (DOJ) is available to anyone who can come in, regardless. Unfortunately, the panel is unable to appreciate the fear that my client has regarding the safety of his life,” Loja told reporters adding that “he is very fearful for his life.”

She added that Lim has never met co-respondent Marcelo Adorco or Kerwin Espinosa.

Suspected drug lord Kerwin Espinosa is heavily guarded by agents of the National Bureau of Investigation as he attends the preliminary hearing on the drug charges at the Department of Justice. INQUIRER.net / Tetch Torres-Tupas

“It would have been physically impossible,” she added.

Only Co and Espinosa have submitted their counter-affidavit.

Based on the complaint, Lim allegedly supplied narcotics in “staggering amounts” to Espinosa for more than two years.

READ: Peter Lim supplied drugs to Kerwin Espinosa, CIDG’s complaint says

One such transaction involved the delivery of 50 kilos of shabu (methamphetamine hydrochloride) which Lim handed to Espinosa at the parking of Cash & Carry supermarket in Makati City on June 7, 2015.

The pair had a successful business partnership which allowed them to control the narcotics trade in Central and Eastern Visayas provinces.

Next preliminary investigation will be on Sept. 6, 2017. Aside from Lim, Co and Espinosa, their co-respondents are suspected drug supplier Lovely Adam Impal, Marcelo Adorco, Max Miro, Ruel Malindangan and Jun Pepito. JPV