DDB clears customs official of smuggling

CEBU, Philippines - Undersecretary Paul Clarence Oaminal of the Dangerous Drugs Board has cleared Customs Intelligence and Investigation Service chief Rico Rey Francis Holganza of allegations that he was involved in the foiled smuggling of P3.6 billion pseudoephedrine in 2004.

Oaminal said Holganza’s name did not come up during their investigation and it is not true that he participated in the meetings allegedly conducted by former Vice Governor John Gregory Osmeña and his foreign contacts inside a hotel in barangay Guadalupe.

Oaminal explained that the Philippine Drug Enforcement Agency, where he worked as adviser before having appointed as DDB undersecretary, was following the shipment from China until it arrived in Cebu because it was placed under “controlled delivery.”

According to Oaminal, the purpose of which is to apprehend those involved in the smuggling. The plan would have been to allow the delivery of the 1,800 kilos of pseudoephedrine to the warehouse, however, the operation was leaked prematurely to the media, which prompted them to abort the plan and seize it while at the customs zone.

Oaminal said there was also no evidence that the group of Osmeña, Mike Cummings and Dirk Hultz have colluded with customs officials. In fact, it was the customs authorities that assisted PDEA in the seizure of the contraband.

Last Tuesday, businessman Hans Ernest Tan Aparice requested the Ombudsman to investigate Holganza over his alleged involvement in the foiled smuggling. Aparice, who claims to be a trucker and an importer, also asked the anti-graft body to look into the alleged ill-gotten wealth amassed by Holganza.

Despite the new allegation, Oaminal said he does not see the need to reopen the investigation of the pseudoephedrine smuggling. According to him, what he is concerned of is to have the case against Osmeña and the foreigners refiled.

The court earlier dismissed the case against Osmeña, Cummings and Hultz including the incorporators of the Coastside Ventures Incorporated for lack of probable cause. Coastside Ventures Incorporated was listed as consignee of the shipment. The incorporators of the company were mostly staff of Osmeña at the vice governor’s office.

Oaminal said that despite the dismissal, they are not barred from refiling the case because double jeopardy does not apply because the accused were not yet arraigned.

Oaminal said the House Committee on Dangerous Drugs chaired by Rep. Roque Ablan already sent government investigators to Australia to look for documentary evidence against the suspects. No positive development has surfaced just yet.

In fact, Australian authorities have reportedly taunted the Philippine authorities for not having done its part. The Australian government already sentenced two of the alleged smugglers, Leslie James Norton, 40, and Rodney Allan James, 53.

They were sentenced to five and three years in jail, respectively, by the Australian Supreme Court for attempting to smuggle pseudoephedrine. — Fred P. Languido/JMO (THE FREEMAN)