FOR LACK OF PROOF: Mayoralty bet seeks dismissal of case

CEBU, Philippines - Businessman and mayoralty aspirant Democrito Diamante Jr. has asked the Regional Trial Court in Lapu-Lapu City to dismiss the nine-year-old smuggling case against him for “blatant insufficiency of evidence.”

Diamante’s lawyer, Ricardo Amores, filed last February 24 a motion for leave of court to file demurer to evidence after the prosecution has rested its case. Diamante said even the prosecution witnesses failed to identify him in court during the presentation of evidence.

Diamante also said all evidence presented by the prosecution must not be admitted by the court for being a “fruit of the poisonous tree,” thus the court must dismiss the case and expunge all evidence from the records.

RTC Branch 27 presiding judge Toribio Quiwag is expected to resolve Diamante’s motion soon.

Diamante, a mayoralty aspirant in Tuburan town, is facing charges for allegedly trying to smuggle assorted jewelry worth P7 million into the Mactan Cebu International Airport on July 3, 2000. He is out on bail.

Court records also show that Diamante and an unidentified co-accused allegedly smuggled in packages containing 3,515 pieces of Guess wristwatches, 17 empty cases of Rolex watch and 34 empty boxes of Guess watch.

The items were declared as electrical parts weighing 152 kilos worth of 12,800 Yen.

Diamante strongly denied the accusations, but prosecutors proceeded in filing the case against him, saying there was strong indication that it is only Diamante who had actual knowledge of what the shipment really contained.

They said any possible substitution could have been made only by him, as he was the one in possession of the original documents. Diamante also allegedly refused to disclose the identity of the shipment’s consignee. – Jose P. Sollano/JMO   (FREEMAN NEWS)