Challenging sufficiency of prosecution evidence, De Lima moves for case dismissal in drug case
MANILA, Philippines — Sen. Leila de Lima has moved for the dismissal of one of the drug cases against her halfway through the trial, challenging the sufficiency of prosecution evidence against her.
De Lima, through her lawyers, filed a demurrer to evidence before Muntinlupa Regional Trial Court Branch 205, where the senator is facing a conspiracy to commit drug trading with Jad Dera as her co-accused.
A demurrer to evidence is a challenge to the prosecution’s sufficiency of evidence. It is a pleading filed after the prosecution rests its case and the defense is given an opportunity to move for the dismissal of the case.
De Lima’s team argued that while the prosecution had presented 21 witnesses in the case, they “not only failed to provide evidence of guilt beyond reasonable doubt against herein accused, it, in fact proved that this case has absolutely nothing to do with illegal drugs.”
They raised that the prosecution “failed to specifically allege and prove the existence of the specific drug transactions alleged and the illegal drug involved.”
Conspiracy with Dera ‘speculation’
The senator is being accused conspiring with Dera who demanded money amounting to P3 million and four vehicles from New Bilibid Prison inmate Peter Co to fund her senatorial campaign.
She was initially charged with illegal drug trading under Section 5 of the Comprehensive Dangerous Drugs Act of 2002, but the prosecution moved to amend the Information to conspiracy to commit illegal drug trading.
But her lawyers asserted that the prosecution’s conspiracy allegation between De Lima and Dera “remains to be a speculation.”
“Not even one witness admitted having personal knowledge of, much less personal involvement in, the alleged illegal drug trade. Up to its last witness, the Prosecution glaringly failed to prove what specific illegal drug or drugs was or were the subject of alleged conspiracy between Accused De Lima and her co-accused Dera,” they added.
De Lima’s lawyers also noted that, based on Co’s affidavit, the money Dera supposedly demanded from him was for “ransom payment” for the release of his niece and not for De Lima’s senatorial campaign.
They stressed that the case is obviously kidnapping-for-ransom, and De Lima is not connected in the alleged transactions between Dera and Co.
De Lima’s team stressed that she has been detained since Feb. 24, 2017 and has spent more than a thousand days in detention.
“In view of the absence of evidence to guilty, it is needless to still proceed with the presentation of the defense’s evidence, and the Court and the Accused must both be spared from this travesty of justice,” they told the court.
The senator is facing two other drug charges before Muntinlupa courts, and a separate disobedience to summons case pending at a Quezon City court.
- Latest
- Trending
