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Cebu News

To submit case memorandum: Prosecution in John-John case given another 14 days

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The Regional Trial Court has granted the prosecution 14 days extension to submit their memorandum on the case for coddling drug smugglers against former Cebu vice governor John Gregory Osmeña

The court earlier instructed both parties to submit their written arguments until yesterday. However, state prosecutors led by Archimedes Manabat said they did not have enough time to complete their memorandum because of their workload.

The prosecution prayed that they be granted another 15 days extension to submit their memorandum. RTC Judge Meinrado Paredes granted an extension but only until July 28.

Paredes earlier gave the prosecution a chance to convince him that there is indeed a probable cause to indict Osmeña for the crime of coddling drug smugglers.

During the last hearing of the case, Paredes bluntly told the prosecutors that he was not convinced of the existence of probable cause based on the evidence presented so far by the prosecution.

Paredes has given the prosecution the chance to convince him through their memorandum. During the last hearing, Paredes said that the prosecution failed to satisfy the elements of the crime, which is defined under the Comprehensive Dangerous Drugs Law as “willfully and knowingly consented” to the illegal act.

The Department of Justice charged Osmeña with coddling the people behind the illegal importation of pseudoephedrine in 2004. The DOJ based the case on the affidavits of the members of the Philippine Drug Enforcement Agency, who claimed that the former vice governor interceded on behalf of the importers for the release of the shipment.

Osmeña allegedly protected Mike Cummings and Dirk Hultz, who were listed consignees of the smuggled pseudoephedrine worth P6 billion intercepted in Cebu last 2004.

Osmeña reportedly called up then PDEA Central Visayas director Gaudencio Pagaling asking him to release the shipment.  Senior Supt. Primo Golingay, then director of the compliance service of PDEA, also executed an affidavit saying Osmeña met him and asked assistance from him, promising generous monetary consideration in exchange for releasing the shipment, which came from China and was bound for Australia via Cebu courtesy of Cummings and Hultz.  — Fred P. Languido/MEEV

 

ARCHIMEDES MANABAT

CEBU

CENTRAL VISAYAS

CUMMINGS AND HULTZ

DEPARTMENT OF JUSTICE

OSME

PLACE

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