Former presidential adviser cleared of smuggling charges

ZAMBOANGA CITY, Philippines - Philanthropist Wee Dee Ping, former presidential consultant of then President Joseph Estrada, expressed a huge sigh of relief on Thursday after the Court of Appeals (CA) acquitted him and reversed a lower court decision that convicted him on cases of smuggling and importation of toxic waste.

The appellate court's 22nd Division in Cagayan de Oro issued its 30-page verdict last Friday, also acquitting Ping's co-accused Nancy Lim and Tan Nge Foo on charges of importation of toxic waste. It affirmed, however, the ruling of the Regional Trial Court (RTC) branch 12 convicting the two personalities for smuggling.

The charges stemmed from the confiscation of 39 drums of chemicals shipped from Sandakan, Malaysia on June 2000, taken from the port without proper payment of customs duties and taxes where Wee was named as consignee without the issuance of bill of lading.

The investigation led to the recovery of the 39 drums and charges were filed on Dec. 18, 2000 in court against Ang Ben Ean, Sim Kwan Kean and Foo. However, the case was amended and included Lim, Gajar Munong, Corazon Motomal and  Wee on July 8, 2002.

Wee and the other accused pleaded not guilty, except for Ang Beng Ean, sim Kwan Kean and Winfred Caolie who remained at large.

The RTC branch 12 convicted Foo, Lim, and Wee of smuggling and importation of toxic and hazardous chemicals charges last Feb. 8, 2010.

Ping, alias Lepeng Wee, was granted all his pleas that the lower court erred as the prosecution failed to prove their guilt beyond reasonable doubt. 

The appellate court found the charges of smuggling linking Wee was mere hearsay as there was no documentary evidence and that he was nowhere in sight when the 19 of the 39 drums of chemical that were intended to be used for foam making were seized at the warehouse allegedly owned by Lim.

“There is nothing on records that would suggest that appellant Wee Dee Ping was in cohorts with appellant Tan Nge Foo and two other Malaysian businessmen who were also accused in the instant case of smuggling their goods in the Philippines,” a summary portion of the CA decision stated.

The CA also added that the prosecution failed to discharge the burden of proving that the chemicals involved were hazardous waste or nuclear waste with the admissions of the representatives of the Department of Environment and Natural Resources acting as witnesses that no confirmatory tests were made. 

Prosecutors also failed to present proof that the seized chemicals were without safe usage at all, the CA noted.

“There was no iota of evidence adduced by the prosecution against our innocent client,” said Wee’s lawyer Ma. Corazon Montemor. 

She said they raised six errors committed by the regional trial court in convicting Wee.

Wee described the ordeal of facing the case for 12 years as painful and shameful despite of his innocence.

“It was a very hard time. I lost many important occasions and business was abandoned. I can’t even face as guest for graduation rites with thoughts on what the students and people may say,” Wee said.

However, Wee said, with his acquittal, he will not bear grudges and demand legal actions against those behind in damaging his reputation.

“I will not, I will leave it to God. I’m already happy being acquitted and I don’t want to have problem anymore. I would rather continue helping the poor,” Wee said.