SENATE minority leader Aquilino Pimentel III and Sen. Risa Hontiveros have filed a resolution urging the Department of Justice (DOJ) to withdraw the illegal drug charges filed by the Duterte administration against former Sen. Leila de Lima after several witnesses recanted their testimonies against her.
In filing Senate Resolution No. 27 last July 14, Hontiveros said the recantations of self-confessed drug lord Kerwin Espinosa, former Bureau of Corrections officer-in-charge Rafael Ragos, and De Lima’s former aide Ronnie Dayan should be enough basis for the charges to be dropped against the former senator.
She reiterated criticisms that De Lima’s prosecution and detention was because of her opposition to the war on drugs of the past administration.
“With these recent recantations, it is becoming increasingly apparent that Senator De Lima’s arrest and continued detention was nothing more than a carefully orchestrated ploy to silence an outspoken critic and passionate human rights advocate,” the resolution said.
“Throughout her ordeal, Senator De Lima has maintained her innocence… Without question, her continued detention is one of the grossest injustices ever committed to a sitting senator,” it added.
Pimentel and Hontiveros said the DOJ should “seriously consider these retractions” and immediately order the withdrawal of all pending drug charges against De Lima and set her free.
The two senators reminded Justice Secretary Jesus Crispin Remulla of his statement when he was still congressman of the 7th district of Cavite that the recantations of the three witnesses is a “red flag” and that he would be willing to review her drug cases upon assumption as justice secretary.
Remulla said it is now up to the Muntinlupa regional trial courts to decide on the drug cases against De Lima since the matter is already within their jurisdiction.
Remulla said the courts have “the sole power and authority to act on the pending cases” against the former senator.
“Hence, the department will rely on the sound discretion of the court on the appreciation of this alleged evidence (recantations),” Remulla said.
Before he stepped down from his post, former DOJ chief Menardo Guevarra said that despite the recantation of the prosecution witnesses, the department will continue to prosecute the drug cases against the former senator.
Guevarra said this was the recommendation made by the panel of prosecutors handling the cases against De Lima.
De Lima was detained at the Custodial Center in Camp Crame after she was ordered arrested on charges that she benefitted from the illegal drugs trade in the New Bilibid Prisons when she was still justice secretary.
Last April 28, Espinosa retracted his earlier statements that De Lima was engaged in the illegal drugs trade and claimed that he made the allegations because he was coerced and forced by the police.
On May 2, Ragos also took back his allegations against De Lima and said he was coerced by former DOJ secretary Vitaliano Aguirre II to link De Lima to the narcotics trade inside the Bilibid.
Again, on May 14, Dayan also recanted his testimony and said he was pressured to make up accusations against De Lima by the late Oriental Mindoro Rep. Rey Umali, who was then the chairman of the House committee on justice.
Another prosecution witness convict Joel Capones also told the Muntinlupa court neither does he know not did he have any illegal drugs transactions with De Lima, while Espinosa’s alleged aide, Marcelo Adorco, also said he does not know De Lima personally or of any drug dealing when she was still the justice secretary. — with Ashzel Hachero
