Shabu 11 case: Plan to get witness vs. Tan suffers huge blow
August 5, 2006 | 12:00am
Government prosecutors' effort to have Hung Chin Chang as a state witness against the alleged financier of the shabu laboratory operation in Mandaue City suffered a serious blow yesterday after a Philippine Drug Enforcement Agency official admitted that he is not the least guilty among all the accused.
Supt. Adzhar Albani, one of the PDEA officials who played a vital role in the operation, admitted that Hung Chin Chang, who is also known by aliases Andy Ang, Anthony Ang and Simon Lao, is one of the "officials" of the syndicate operating the laboratory.
Albani, during cross-examination conducted by Gloria Dalawampu, counsel for Calvin Tan, said that Hung Chin Chang could either be the "highest ranking" or the "second highest ranking" among the eleven men arrested inside the laboratory in barangay Umapad almost two years ago.
"He is number one or two between Joseph Yu among the eleven arrested in the laboratory," Albani told the court.
As far as the entire syndicate is concerned, Albani stressed that there could be other people deeper involved than Hung Chin Chang.
"Hung Chin Chang may be just an operation officer but there must other persons higher than him," Albani said, adding that he is not a "small guy" as far as the drug syndicate is concerned.
Dalawampu told The Freeman that Albani's admission makes her confident that the prosecution's bid to utilize Hung Chin Chang as state witness against his client and the other accused will not be granted by the court.
For an accused to qualify as state witness, he or she must be the least guilty among all the accused and that his or her testimony is very vital for the successful prosecution of the case.
"He lost a chance," Dalawampu said.
According to Dalawampu, Hung Chin Chang does not appear to be the least guilty. In fact, his name is prominently involved in many PDEA surveillance operations.
Albani testified that Hung Chin Chang ordered the purchase of 95 pails of acetone, a precursor in manufacturing shabu, and hydrogen gas from Far Eastern Drugs early of September 2004. He also received the delivery of palladium chloride from PDEA undercover agent Mortesa Tamadoni at a coffee shop in Ayala.
In fact, Albani said that he was the original target of the operation when they applied for a search warrant before the Regional Trial Court in Quezon City.
Albani admitted that Calvin Tan who was only known to them as "Joey" when they applied for the warrant was not included among the respondents because they have no evidence then to link him in the operation of the laboratory.
Another defense lawyer Lorenzo Paylado questioned why PDEA allowed its undercover agent to buy a huge amount of acetone from Far Eastern Drugs without a permit. Paylado said Albani should have also arrested their asset for possessing the acetone without a permit.
But Albani said mere possession of chemicals is not a crime as it is not distinguished under the Comprehensive Dangerous Drugs Act.
Paylado also said in court yesterday that there were personal items taken from the accused during the raid that were not recorded in the inventory, among these cellular phones and a Rolex watch.
Albani denied this saying they did not receive complaints from the accused immediately after the raid. - Fred P. Languido
Supt. Adzhar Albani, one of the PDEA officials who played a vital role in the operation, admitted that Hung Chin Chang, who is also known by aliases Andy Ang, Anthony Ang and Simon Lao, is one of the "officials" of the syndicate operating the laboratory.
Albani, during cross-examination conducted by Gloria Dalawampu, counsel for Calvin Tan, said that Hung Chin Chang could either be the "highest ranking" or the "second highest ranking" among the eleven men arrested inside the laboratory in barangay Umapad almost two years ago.
"He is number one or two between Joseph Yu among the eleven arrested in the laboratory," Albani told the court.
As far as the entire syndicate is concerned, Albani stressed that there could be other people deeper involved than Hung Chin Chang.
"Hung Chin Chang may be just an operation officer but there must other persons higher than him," Albani said, adding that he is not a "small guy" as far as the drug syndicate is concerned.
Dalawampu told The Freeman that Albani's admission makes her confident that the prosecution's bid to utilize Hung Chin Chang as state witness against his client and the other accused will not be granted by the court.
For an accused to qualify as state witness, he or she must be the least guilty among all the accused and that his or her testimony is very vital for the successful prosecution of the case.
"He lost a chance," Dalawampu said.
According to Dalawampu, Hung Chin Chang does not appear to be the least guilty. In fact, his name is prominently involved in many PDEA surveillance operations.
Albani testified that Hung Chin Chang ordered the purchase of 95 pails of acetone, a precursor in manufacturing shabu, and hydrogen gas from Far Eastern Drugs early of September 2004. He also received the delivery of palladium chloride from PDEA undercover agent Mortesa Tamadoni at a coffee shop in Ayala.
In fact, Albani said that he was the original target of the operation when they applied for a search warrant before the Regional Trial Court in Quezon City.
Albani admitted that Calvin Tan who was only known to them as "Joey" when they applied for the warrant was not included among the respondents because they have no evidence then to link him in the operation of the laboratory.
Another defense lawyer Lorenzo Paylado questioned why PDEA allowed its undercover agent to buy a huge amount of acetone from Far Eastern Drugs without a permit. Paylado said Albani should have also arrested their asset for possessing the acetone without a permit.
But Albani said mere possession of chemicals is not a crime as it is not distinguished under the Comprehensive Dangerous Drugs Act.
Paylado also said in court yesterday that there were personal items taken from the accused during the raid that were not recorded in the inventory, among these cellular phones and a Rolex watch.
Albani denied this saying they did not receive complaints from the accused immediately after the raid. - Fred P. Languido
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