Lawyer: Bugged conversations could not be used as evidence

The announcement of Rep. Antonio Cuenco that they have already identified the local contacts of the Australian drug syndicate through the wiretapped conversations obtained by the Australian federal agents raised a question whether this could be used as evidence to locally prosecute them.

Under the Republic Act 4200, or the Anti-Wire Tapping Law, bugging telephone conversations is not allowed and punishable unless there is prior permission from the court.

Lawyer Fritz Quiñanola, who had studied in Australia when he was a police official, said the wiretapped conversations obtained by the Australian police could not be used as evidence against the local contacts of the syndicate.

Quiñanola said it has to be proven that the wiretapping was obtained with permission from the Australian attorney general. Even if wiretapping is legal in Australia, its validity remains a question under the Philippines law.

Quiñanola explained that the wiretapping has to comply with the rules on evidence under the judicial system of the Philippines. "That (wiretapped conversations) cannot be admitted as evidence."

Cuenco, vice chairman of the House committee on dangerous drugs, said last Wednesday that a politician and four businessmen have been identified as the drug syndicate's local contacts.

They allegedly facilitated for the release of the P3.6 billion worth of pseudoephedrine smuggled from China two years ago at the Bureau of Customs and arranged a warehouse where the drug precursor will be stored while awaiting transport to Australia.

Cuenco refused to reveal their names until formal charges are filed, which the National Bureau and Investigation and the Philippine Drug Enforcement Agency are expected to do so in the third week of this month.

He said the NBI and PDEA are in the process of building up an airtight case against these people. NBI deputy director for regional operation service Reynaldo Esmeralda said they already have a strong case against the local contacts.

Last Tuesday, Cuenco, Esmeralda and PDEA officials met with the Australian federal agents who provided them with the evidence and identities of the local contacts.

Both Cuenco and Esmeralda said the local contacts of the foreign syndicate were identified through the evidence gathered by the Australian Federal Police. The evidence was also used against the two members of the syndicate who were caught in Australia.

In fact, the two members of the syndicate, Leslie James Norton and Rodney Allan James, have already been convicted in Australia last November 17.

Australian federal agents Kurt Plummer and Mark Kelly told the members of the House committee on dangerous drugs that Norton was sentenced to four and a half years imprisonment for conspiracy to import the chemical precursor, while James was also sentenced to three years and nine months for the same offense.

Cuenco said the Philippine government has requested the Australian government copies of the evidence to be used against the local contacts. The copies of the evidence will be released in two to three months. - Fred P. Languido