DOJ tags ex-Cebu vice governor as drug traffickers’ ‘protector’

The Department of Justice (DOJ) has filed charges against former Cebu vice governor John Gregory “John-John” Osmeña for being the alleged “protector” of two suspected Australian drug traffickers behind the smuggling at the Port of Cebu in 2004 of controlled chemicals used in the making of shabu.

In its information filed before the Cebu City Regional Trial Court last Monday, the DOJ accused Osmeña, son of former senator John Osmeña, of “protecting” and “coddling” suspected drug traffickers Mike Cummings and Dirk Hultz.

Cummings and Hultz were the consignees of 1,500 kilos of pseudoephedrine hydrochloride said to be worth P3.9 billion and an undetermined amount of ephedrine – both ingredients in the making of shabu – which arrived in Cebu on March 5, 2004 from China.

The chemicals, imported by Cummings through Coastside Ventures Inc. (CVI), were supposed to be transported to Australia.

According to investigators, the plan was to first store the shipment in a warehouse in Mandaue City before it was to be transported to Australia.

According to the DOJ, both Cummings and Hultz never showed up in the Philippines, but were later arrested by the Australian police.

Aside from Osmeña, Cummings and Hultz, the DOJ earlier also recommended the indictment of Osmeña’s former staffers Joebert Lanas Cuesta, Rorela Villegas and Maria Rowena Roldan as well as Leah Banal, Malou Milagros Legazpi, Michael Emilio Sanchez, Alexander Michael Castro and Susan Bernardo.

Cuesta was identified as the president of CVI, while the rest formed the firm’s board of directors.

The DOJ panel, however, dismissed the charges against Cuesta, Roldan, Villegas, Banal, Legaspi, Sanchez, Castro, and Bernardo for lack of strong evidence.

The prosecutors recommended P200,000 bail for Osmeña’s temporary liberty.

According to the DOJ, Osmeña “did then and there, knowingly, willfully and feloniously used his public position and power to protect and coddle” Cummings and Hultz.

Osmeña, according to the DOJ, allegedly attempted to influence agents of the Philippine Drug Enforcement Agency (PDEA) and Bureau of Customs to issue a clearance to release the imported controlled chemicals and “not to delay the results of the chemical analysis on the same, thereby consenting to the illegal importation thereof and thus, shielding, harboring, screening Cummings and Hultz for illegal importation.”

The respondents were slapped with violation of Republic Act 9165 or the Dangerous Drugs Act of 2002, particularly the “importation of dangerous drugs and/or controlled precursors, attempt of conspiracy, criminal liability of government officials and employees, criminal liability of officers of partnerships, corporations or other juridical entities, liability of a person violating any regulation issued by the board.”

According to investigators, Cummings and Hultz allegedly belonged to an Australian drug syndicate, whose operation was uncovered by PDEA and the Australian Federal Police in an operation codenamed “Coplan Queen” (previously “Coplan Latvia”).

The panel of DOJ prosecutors – composed of city prosecutor Archi­medes Manabat and state prosecutors Juan Pedro Navera and Irwin Maraya – which recommended the filing of charges against Osmeña, said that despite the former vice governor’s denials, they found the PDEA complaint “detailed, specific, direct and convincing.”

“It is settled that denials, whether general and sweeping, cannot prevail over positive and categorical testimony,” the DOJ panel said.

Navera said the PDEA confirmed Osmeña’s alleged involvement with the Australian drug ring when they tracked his meetings with them at hotels in Cebu and Manila to convince them to release the pseudoephedrine.

The DOJ said Osmeña’s request for a meeting with PDEA officers to seek the release of the contraband imported by Cummings and Hultz, coupled with his offer of consideration to a PDEA officer, falls within the ambit of “protector/coddler.”

Denials

Osmeña, who is now in Los Angeles, California, failed to appear in the preliminary investigation. In his counter-affidavit, he, however, dismissed the allegations as a mere smear campaign against him as he was running for governor at that time.

Osmeña also denied that he or his employees tried to import pseudoephedrine and that he tried to call PDEA officials to release the illegal cargo impounded at a Customs warehouse in Cebu in favor of Cummings and CVI.

But the DOJ gave merit to the affidavit of PO2 Martin Francia, who was part of the PDEA team that conducted the investigation.

Francia said that sometime in November 2003, PDEA received intelligence information from the Australian Federal Police on the expected arrival into the country of at least 1,500 kilograms of pseudoephedrine hydrochloride.

On March 5, 2004, four pallets containing 1,500 kilograms of pseudoephedrine in 60 drums arrived at the Port of Cebu and were kept in Customs warehouses for Cum­mings and CVI to claim.

At this point, police Capt. Isidro Estrera of the Enforcement and Security Service Customs Police Division allegedly received a call from an unidentified Tagalog-speaking male caller offering P20 million for the release of the chemicals.

On the other hand, Superintendent Gaudencio Pagaling, then PDEA-Region 7 director, allegedly received a call from Osmeña requesting for the release of the same shipment.

A few days later, Osmeña called up Senior Superintendent Gaudencio Golingay, then director of PDEA’s Compliance Service, for a meeting in a Manila hotel where the former allegedly sought assistance and promised sufficient consideration for the release of the shipment. PDEA intelligence agents discreetly monitored the meeting. – With Joyce Racoma, Alexis Feliciano, and Rene Borromeo