Three suspected drug peddlers from prominent families denied yesterday reports that they tried to bribe prosecutors to have the cases against them dismissed.
Jacqueline Verano, lawyer for Richard Brodett, Joseph Tecson and Jorge Joseph, said her clients need not resort to bribery as the case against them would be dismissed.
“I would like to state for the record that there was no money offered to the DOJ as our case is very strong,” she said. “Moreso, there was no bribe offer to the PDEA.”
Verano accused the Philippine Drug Enforcement Agency of arbitrary detention for continuing to hold her clients without any charges being filed against them in court.
“We have several grounds of defense but the most important ones are- that we have evidence that show that the PDEA did not have the authority to conduct a buy-bust operation that evening and that the respondents were illegally arrested and searched,” she said.
“And that their supposed (pieces of) evidence were all concocted to provide reason for their arrests.”
According to her, a report memorandum from the security agency of Ayala Alabang Village indicated that the arrest was illegal since PDEA agents did not have yet any clearance with the security agency and the village when the shootout occurred and that they acted without coordinating with the Southern Police District Office or any other police officers as required by law.
Verano said her clients should have been released from PDEA detention by virtue of a joint inquest resolution issued last Dec. 4 and received by the PDEA last Dec. 19.
“The resolution applied the doctrine of the ‘fruit of poisonous tree’ and dismissed all charges against the respondents,” she said.
“Therefore, the respondents should have been released by the PDEA immediately, but PDEA refused and still refuses to release them.
“The case has already been dismissed. The PDEA can appeal the decision, but in the meantime, they should be released from jail. Refusing their release is a crime of arbitrary detention for holding the respondents without cause.”
Verano said the 2000 Revised Rules of Criminal states that a resolution should be promulgated within 25 days from the termination of the preliminary investigation.
“The investigation ended last Oct. 22, 2008, thus, it is not as if the resolution was made with haste as it is over a month overdue,” she said.
“Please note that the respondents have been in jail for over three months now and have already been cleared of the charges.”
Justice Secretary Raul Gonzalez has ordered the National Bureau of Investigation to check on the report of The STAR on the alleged bribery attempt involving the arrested drug suspects.
Citing a source, The STAR earlier reported that the family of Brodett allegedly offered the bribe money to assure their release before Christmas.
The informant said the Brodett family wanted the complaint filed by PDEA against the arrested drug suspects dismissed immediately.
Asked if the prosecutors accepted the offer, the source said he was not sure: “But we were told that a decision dismissing the complaint has already been readied for signature of Chief State Prosecutor Jovencito Zuño.”
The STAR has been trying to reach Zuño, who has not responded to calls and text messages about the case.
Speaking on condition of anonymity, at least two PDEA officials confirmed they received an intelligence report about the alleged bribery of prosecutors investigating the case at the DOJ.