Home NEWS De Lima acquitted in 1 of three drug instances

De Lima acquitted in 1 of three drug instances

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MANILA, Philippines (Up to date 6:31 p.m.) — Sen. Leila de Lima has been acquitted in one of many three drug instances she is dealing with, however the trial with two others will proceed as the Muntinlupa courtroom granted solely one in all her bids difficult the sufficiency of proof towards her.

De Lime is dealing with two conspiracies to commit unlawful drug buying and selling instances earlier than the Muntinlupa Regional Trial Courtroom Department 205. In each instances, De Lima had filed a demurrer to proof, however the courtroom had granted just one movement, within the case the place he’s dealing with costs with Jad Dera, beforehand stated to be her nephew however claimed to be a police asset.

“The Demurrer to Proof filed by Accused Leila De Lima is hereby granted. The petition for bail is rendered moot and educational because the grant is tantamount to her acquittal,” the ruling learn, as posted by News5.

A demurrer to proof is a problem to the prosecution’s proof that, when granted, will result in case dismissal with out the accused having to current their protection.

The identical courtroom, nonetheless, junked De Lima’s demurrer to proof on the case the place her former aide Ronnie Dayan stands as co-accused was denied. The courtroom had additionally denied her and Dayan’s Petition for Bail.

“Let the preliminary reception of protection proof set on March 5, 2021 at 9:00 within the morning proceed as scheduled,” Presiding Decide Liezel Aquiatan stated.

Which means that De Lima basically has been acquitted in one of many three drug instances filed towards her, however she nonetheless faces two drug instances.

De Lima acquitted in a single case

The courtroom had granted De Lima’s demurrer to proof in Case No. 17-166, whereas it denied Dera’s identical pleading. Dera, nonetheless, was allowed to put up a bail bond of P500,000.

Dera raised that there have been inconsistencies with the testimonies of Serrano, Hans Anton Tan and Peter Co, however these have been “minor in particulars which are irrelevant to the consecutive components of the crime” and can’t be grounds for acquittal, the courtroom stated.

“The actual fact stays that Dera obtained cash from the inmates as testified to by prosecution witnesses vis-à-vis his financial institution information,” it added.

The courtroom held that the prosecution was capable of set up a hyperlink between drug trafficking by means of the usage of cell phones inside New Bilibid Jail and witness Peter Co by means of the testimonies of the opposite prosecution witnesses.

“Whereas there exist a factual hyperlink that Peter Co delivered cash to Dera by means of his financial institution transactions, this Courtroom is satisfied that the prosecution didn’t current enough proof to ascertain Dera’s relationship or reference to De Lima,” the order learn.

RELATED: Jad Dera’s camp: He’s not De Lima’s nephew or aide, but police asset

It additionally famous that the prosecution clarified the reckoning interval was from January 2016, however De Lima had resigned as justice secretary on Oct. 12, 2015. “Drug buying and selling could have been rampant throughout her sting because the Secretary of Justice however Dera might also have occurred to make use of her identify to achieve from this prevalence. It bears to notice that Dera’s promise to switch the inmates didn’t materialize, which proves that he has no affect to accused De Lima,” it added.

“Apparently, the prosecution did not elicit sturdy proof to maintain a discovering of guilt past affordable doubt on the a part of De Lima. To emphasise, there may be not even proof posited that the Three Million Pesos and 4 automobiles talked about within the Data have been obtained by her or utilized by her in the course of the 2016 election,” the courtroom stated.

Case with Dayan as co-accused to proceed

Within the case the place De Lima faces a drug cost with Dayan, the courtroom denied their demurrers to proof, together with their petition to bail.

“From the testimonies of the prosecution witnesses, it’s clear that the cash have been collected as contributions to the fund elevating of accused De Lima for her marketing campaign as senator,” the ruling learn.

The courtroom additionally stated that De Lima and Dayan accepted the cash from former Bureau of Corrections Officer-in-Cost Rafael Ragos with out protest.

Noting that they didn’t conduct an investigation into the supply of the cash, it “can fairly result in the conclusion that they already know that the cash got here from unlawful drug dealings” from the Bilibid the place Ragos serves as OIC.

“The prosecution witnesses sufficiently established that accused De Lima, because the Secretary of Justice on the time, enabled the NBP inmates to resort to unlawful drug buying and selling in order that they will acquire funds for her marketing campaign in change of advantages inside” resembling use of kubols or luxurious cottages or cell phones.

The courtroom then held that after assessment of prosecution proof, De Lima and Dayan should clarify the P10 million they obtained, why have been the Philippine Drug Enforcement Company and the Legal Investigation and Detection Group excluded from Oplan Galugad, and why unlawful drug buying and selling continued even after the raid.

“These information, if unrebutted, the identical is prima facie enough to assist a verdict of guilt towards the accused,” the courtroom added.

De Lima’s trial

De Lima’s trial might be getting into its fourth 12 months. She has been detained contained in the police headquarters since Feb. 24, 2017, over costs she stated the place filed attributable to her sturdy criticism of President Rodrigo Duterte.

The senator can be dealing with one other drug case pending earlier than Muntinlupa RTC Department 256. On this case, the place she faces the identical cost with six others, the prosecution continues to be presenting proof. The courtroom can be nonetheless conducting hearings on De Lima’s movement for bail.

READ: De Lima seeks grant of provisional liberty in third drug case

Looked for remark, Justice Secretary Menardo Guevarra stated his division has “all the time trusted within the common sense and impartiality of the trial courtroom.”

“We imagine that the honorable choose has diligently examined and weighed all of the proof offered by the prosecution earlier than making a willpower as to its sufficiency or insufficiency, and for that reason, we reiterate our utmost respect,” he added.

State prosecutors initially charged De Lima with drug buying and selling, however they later amended it to accuse the senator of conspiracy to commit drug buying and selling contained in the New Bilibid Jail. She supposedly dedicated this when she was the justice secretary in the course of the Aquino administration.

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