The court has asked the Department of Justice to comment on the argument of former Cebu vice governor John Gregory “John-john” Osmeña that the case against him for allegedly smuggling drug precursors should be dismissed due to the absence of probable cause.
Regional Trial Court Branch 13 Judge Meinrado Paredes told the DOJ to file their answer not later than 10 days after receiving the order as he already set the hearing of the motion to dismiss the case on June 18 and 25.
Osmeña’s lawyer Edgar Gica claimed that there is no probable cause for the indictment of his client for violation of Section 4 (5) of Republic Act 9165, otherwise known as the Comprehensive Dangerous Drugs Act.
But the Manila-based DOJ prosecutors insisted that the affidavits of their witnesses --which will include those from police officials who Osmeña allegedly asked to release the P3.9 billion-worth of pseudoephedrine-- can already support the charges.
The former vice governor was accused of protecting the illegal drug activities of Mike Cummings and Dirk Hultz, the alleged importer and consignee of the 1,500 kilos of pseudoephedrine that was apprehended and seized by the authorities here in 2002.
Cummings and Hultz, believed to be Australian citizens, are also facing a separate criminal case that is also assigned to Paredes.
The PDEA officials claimed that before the illegal drug shipment arrived in Cebu, Osmeña met with a suspected member of the drug syndicate named George Michael Kessel and a certain “Soria” for two hours at the Metropolis Hotel in Guadalupe.
Then Osmeña’s black Ford Expedition with plate number GPF-777 drove Kessel and Soria from the hotel to the airport.
After that Osmeña allegedly called Sr. Supt. Gaudencio Pagaling, who was then the Maritime police director at that time, requesting him to help in the release of the confiscated drug precursors.
After Pagaling rejected Osmeña’s request, the PDEA officials claimed that the former vice governor went to Manila and met with Sr. Supt. Primo Golingay of the PDEA Compliance Service whom he also asked for help to release the seized cargo. –Rene U. Borromeo/BRP