John-john seeks dismissal of case

Former Cebu governor, John Gregory “John-john” Osmeña, yesterday asked the court to review and dismiss the criminal case filed against him for his alleged coddling of drug smugglers.

John-john, also the son of former senator Sonny Osmeña, argued that the filing of the case lacked probable cause. He also asked the court not to issue an arrest warrant against him pending the results of the evaluation of the evidences presented by the Department of Justice.

Osmeña said the Rules of Court provides that, within 10 days from the filing of the complaint or information of the case, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence.

John-john insisted that the panel of prosecutors who investigated his case committed grave abuse of discretion and intentionally deprived him of his right to due process when they filed the case in court without giving him a copy of their resolution.

He said the law and the rules are giving him the right to be furnished with a copy of the resolution against him and the chance to question the propriety of the action of his accusers either by way of motion for reconsideration or by petition for review.

He believes that the main reason why he was implicated into the illegal shipment of the P3.9 billion pseudoephedrine was to destroy his integrity at the time when he was a candidate for governor during the 2004 elections.

The DOJ accused John-john of using his public position and power to protect and coddle Mike Cummings and Dirk Hultz, the alleged importer and consignee of the 1,500 kilos of pseudoephedrine in a cargo of 60 drums.

Being the importer and the consignee of the controlled chemicals, the DOJ also filed separate criminal charges against Cummings and Hultz and recommended no bail for them, although both of them are still at large.

The cargo reportedly came from China en route to Australia via Cebu and these will be facilitated by the members of the syndicate composed of some Australian nationals and other Filipino contacts, said the DOJ.

Two of the alleged members of the syndicate named George Michael Kessel and a certain Soria arrived at Mactan International Airport on February 18, 2004 and both met with John-john at the Metropolis Hotel in Guadalupe two days later.

Senior Supt. Gaudencio Pagaling, then the Maritime Police director, executed an affidavit that he received a call from John-john requesting his help for the release of the confiscated shipment.

John-john however denied this contending that it could be the real drug smuggler who called up Pagaling and just used his name with the hope that he will be believed.

John-john also said the DOJ failed to present solid evidence that he met with Sr. Supt. Primo Golingay, then director of PDEA Compliance Service, at Pan-Pacific Hotel in Malate and allegedly asked the latter for the release of the cargo.  — Rene U. Borromeo/RAE