Lawyers, representing Customs district collector Lourdes Mangaoang and Maximo Dicho—so, Region 12 director of the Department of the Environment and Natural Resources (DENR), said the DOJ should set aside its Nov. 27 decision clearing Lee of the smuggling charges.
In a 15-page appeal, they said prosecutors "gravely erred" in exonerating Lee and former BOC officer-in-charge Corazon Mo—tomal because they gave "full faith and credence to unauthenticated documents that are inadmissible as evidence."
Mangaoang argued that the DOJ erred when it gave little weight to the bills of lading presented as evidence because of the failure of the complainants to produce the original documents.
The justice department junked the charges against Lee and Motomal due to "lack of evidence."
Mangaoang told the justice department that the bills of lading and statements of account attached to the complaint were "certified true copies" of the documents on file with the BOC.
"It has been duly established that there is sufficient ground to engender a well-grounded belief that a crime cognizable by the Regional Trial Court has been committed," their appeal stated.
Lee and Motomal were accused of smuggling 39 drums of chemicals supposedly used in making shabu. Customs examiners discovered the substances in a shipment in June last year.
The shipment, the Customs said, was in violation of the Tariff and Customs Code and the Toxic Substances Act (Republic Act 6969). It bore Lee’s name as consignee.
An investigation by the regional office of the Department of Science and Technology in Zamboanga City, headed by Brenda Nazareth, confirmed the chemical "forane" found in the shipment may be used to produce freon which is utilized to crystallize shabu.
Other chemicals found in the shipment were methylene chloride, also used in manufacturing shabu; touluene disocynate, considered a "precursor" of narcotic substances and could also be used to make explosives; and polymer polyxol.
Importation of these substances requires permits from the Dangerous Drugs Board, the Environmental Management Bureau and the PNP Firearms and Explosives Unit. Lee did not have any of these permits, Mangaoang said.
Five of Lee’s co-respondents were indicted, however. They were Ang Beng Ean, Sim Kwan Kean, Winfred Caoile, Nancy Lim and Gajar Munong.
Another respondent, Tan Ngee Foo, will serve as witness.