Singson sentencing postponed to Feb. 17

HONG KONG – The Wan Chai District Court here yesterday deferred the verdict on Ilocos Sur Rep. Ronald Singson, who pleaded guilty to trafficking 6.67 grams of cocaine.

District Court Judge Joseph Yau ordered the adjournment and reset the hearing to Feb. 17.  

The order came even after yesterday’s hearing focused on the question of whether Singson brought the drugs for his own consumption.

Three defense witnesses had already testified that Singson could have used four grams of the illegal drug for a day.

According to Singson’s defense lawyer John Reading, it was possible for the Ilocos congressman to personally consume 14.8 grams.

Defense witness Dr. Wayne Moran said Singson has admitted to taking cocaine since 2004.

Moran said Singson has already built tolerance to the drug because of continuous use.

Moran added that even if Singson withdrew from his cocaine binge years back, he still has the same tolerance level.    

Prosecution witness Dr. Lam Ming, however, claimed it was impossible for a person to consume four grams of cocaine in a day.

He disputed the claims of Singson that he could use around 10 grams of the substance by snorting it.

“If the drug is administered the intranasal way, it will be very difficult to imagine that he can take 10 grams within 24 hours because of the nasal constriction effect of cocaine. Of course a person can take 10 grams within 24 hours by oral injection,” Lam said.

Prosecutor Virginia Lau said they still have to present two customs officers as witnesses in the next hearing.         

Singson pleaded guilty on Monday to drug trafficking but stressed the 6.67 grams of cocaine found in his possession were for personal use.

Reading argued several mitigating factors in favor of Singson in the effort to lower the sentence.

He said the admission of drug use for personal consumption, remorse, and Singson’s stature as legislator and businessman could be considered as mitigating factors.  

Singson said he started using the drug heavily following a spat with his girlfriend actress Lovi Poe.

Singson claimed he became depressed after a breakup with Poe, making him seek solace in cocaine.

He also claimed becoming depressed having lost HK$ 2 million in his company-produced concert last July 9.

Singson was apprehended last July 11 at the customs arrival hall of the Hong Kong International Airport for trafficking in 14.8 grams of powder containing 6.67 grams of cocaine, and 2 tablets of nitrazepam.

Two plastic bags of 1.51 grams of powder containing 0.65 grams of cocaine, and two tablets of nitrazepam were found in his checkbook. Another plastic bag containing traces of cocaine was found in his wallet.

After body search, a plastic bag of 12.26 grams of powder with 5.58 grams of cocaine; a glass bottle with 1.02 grams of powder containing 0.44 grams of cocaine; and a plastic spoon containing 0.01 grams of powder containing cocaine were found in Singson’s underpants.

In its summary of facts, the prosecutor said the cocaine seized from Singson had a retail value of approximately HK$ 15,791.60 or P89,634.28.

Ody Lai, a Filipino barrister based here, said Singson is facing two years imprisonment. Lai explained the sentence for trafficking six grams of prohibited drugs usually starts with three years imprisonment.

A guilty plea would mean a one-third discount from the jail sentence, Lai said.

“The starting point for sentence, given six grams, is approximately three years. But it’s possible that the sentence would start with 34 months since the arithmetic is not always exact. It’s possible to be lenient in his case if they would say that it’s for personal consumption,” she said.

Lai, however, stressed these factors don’t mean that the court would consider lowering the case of drug trafficking into possession.

She added that good behavior while in jail could also mean a one-third discount from the sentence, to approximately 16 months.

Lai also said the drug trafficking charges usually carry imprisonment sentence but the ordinance also carries a maximum fine of HK$5 million (P28.5 million).

“But of course, I haven’t seen a case of trafficking in dangerous drugs with only fine. The fine is provided in the ordinance, but the judge can give both the imprisonment and fine. But most of the time, they imprison you,” Lai said.

She said the case of Singson would now depend on the discretion of the judge.

“It all depends on the judge. But our case law in Hong Kong is so strict on the period of imprisonment. If they want to punish him more than just this period of imprisonment, then imprisonment plus fine. But sometimes it’s difficult to double the sentence. Then they can appeal,” she added.