Defense: One of accused not fit to be state witness

The legal counsel of the alleged financier of the shabu laboratory raided in Mandaue City almost two years ago insisted that the British national whom the government seeks to take in as a state witness is not qualified to be one.

Gloria Lastimosa Dalawampu assailed Cebu City south district Rep. Antonio Cuenco's statement expressing optimism that the court will grant the prosecution's bid to utilize one of the accused, Hung Chin Chang, as state witness.

Dalawampu took exception of Cuenco's tagging her client, Calvin Tan, as the alleged financier of the clandestine shabu laboratory raided in barangay Umapad, Mandaue City, in September 2004.

In a letter sent to The Freeman yesterday, Dalawampu said that there is no single evidence linking her client to the operation of the shabu laboratory.

Dalawampu cried foul over Cuenco's statement that Hung is a vital witness against Tan because he allegedly served as the latter's point man. According to Dalawampu, none of the 11 accused arrested during the raid have pointed to her client as the alleged financier, not even Hung.

Dalawampu said Hung had only started singing a different tune and decided to apply as state witness after the prosecution was about to terminate its presentation of evidences. She pointed out that it was only Cuenco and Rep. Roque Ablan who executed affidavits pointing to her client as the financier.

Dalawampu also said based on the testimony of Mortesa Tamadoni, an undercover agent of the Philippine Drug Enforcement Agency, it was Hung who planned the operation of the laboratory.

Tamadoni testified in court that during the last week of November 2003 in Makati City, a friend introduced him to Hung whom he knew then as Anthony Ang or Andy Ang. Tamadoni said he was offered by Hung to be a business partner in a plastic factory.

Hung allegedly offered to finance the business, which turned out to be a shabu laboratory. Tamadoni said he was directed to find a warehouse in Cebu and they also discussed the purchase of acetone and a hydrogen tank.

Dalawampu also said that Hung is not qualified to be a state witness because no less than the PDEA admitted that he is not the least guilty among all the accused.

Supt. Adzhar Albani, one of the PDEA officials who played a vital role in the operation, admitted during the recent hearing of the case last Friday that Hung is one of the "big fishes" of the syndicate operating the laboratory and therefore he is not the least guilty of all the accused.

In fact, Albani, during cross-examination conducted by Dalawampu, said that Hung might be the top man or second man in the syndicate operating the shabu lab.

Dalawampu said that Albani's admission made her confident that the prosecution's bid to have Hung as state witness against her client and the other accused will not be granted by the court.

But Cuenco said he remains optimistic that the court will grant their move to discharge Hung and make him a government witness.

Cuenco cited the Chiong case wherein all the seven accused were convicted, but the state witness, Davidson Russia, did not appear to be the least guilty because he admitted his participation in the crime but was still admitted as a state witness.

For an accused to qualify as a state witness, he or she must be the least guilty among all the accused and that his or her testimony must be vital to the successful prosecution of the case. - Fred P. Languido