Each fined P10million, 11 get life in shabu lab case

CEBU, Philippines - The court convicted yesterday 11 people involved in the operation of a mega shabu laboratory that was busted by authorities in Barangay Umapad, Mandaue City almost eight years ago.

In a 277-page decision, Regional Trial Court Branch 28 Judge Marilyn Lagura Yap found Filipino-Chinese Calvin de Jesus Tan, Allan Yap Garcia, Joseph Lopez, Chinese Joseph Yu, Taiwanese Lin Li Ku, Taiwanese Wu Tiao Yi, Chinese Liu Bo, Chinese Tao Fei, Malaysian Siew Ken Wing, Malaysian Liew Kam Siong and Chinese Bao Xiafu guilty of operating the illegal drug laboratory and sentenced them to life imprisonment.

The 12th accused, British Hung Chin Chang, also known as Simon Lao, was acquitted after he turned himself into a state witness and testified against Tan and the 10 other accused.  

Tan stood as financier of the shabu laboratory, which was raided by the authorities on September 24, 2004.   

Aside from imprisonment, the court also ordered those convicted to each pay a fine of P10 million and the confiscation of the three vehicles used in transporting chemicals used in the manufacture of shabu.

The court also ordered the deportation of the foreign convicts after they finished serving the sentences in the country.

Lawyer Gloria Lastimosa-Dalawampu, the counsel for Tan, said they would file a motion for reconsideration for the return of his passport, bank accounts and other documents.

Determined to bring the case to the Court of Appeals, Dalawampu said the court never gave them the chance to present more evidence to prove Tan’s innocence.

Dalawampu and Tan said the passport would show the time and places where he have traveled and that the bank accounts would show that he has no accounts in the Philippines.

The passport and documents were confiscated during Tan’s arrest in Hong Kong.

Dalawampu and Tan said the court entirely relied on the testimonies of the most “guilty,” referring to Hung. They noted that it was Hung who hired the foreign nationals to come to the Philippines and work at the shabu lab.

Dalawampu said she failed to contest the statements of Hung and two other witnesses as she was not yet handling Tan’s case when the witnesses were presented to court.

Allan GarciaYap said it was Hung who led the operation of the shabu lab, a statement which Bao corroborated.

However, the court gave more weight to Hung’s testimony that it was Tan who issued orders to Yu to look for place to rent and paid for the labor and the materials for making shabu.

Hung’s testimony was supported by another witness, Morteza Tamaddoni, who said that Hung brought him to Hong Kong to meet with “Boss Joey” (referring to Calvin Tan) on April 15, 2004 to meet with Tan.

Tamaddoni presented to court a travel document detailing his arrival in Hong Kong on April 14, 2004 to meet with Tan.

During the two-hour meeting, Tan reminded Hung to make good of his work as every ton of shabu manufactured could earn him P7million to 10 million.

The court also found that there was constant communication among Hung, Tan and Yu and that Yu’s compliance with Tan’s orders was a “clear chain of conspiracy.”

The court also ruled that Lopez, the driver of a vehicle which was used to transport chemicals to the warehouse in barangay Umapad, Mandaue City, has knowledge of the illegal activity.

The court also said that the testimony of Yap also failed to prove his innocence.

It said the accused are not ignorant of the nature of their job because the presence of ephedrine, thionyl choloride and other chemicals and the machines was evidence that they were actually processing shabu.

Liu and Tau, who both claimed they assembled the machines in the factory, established a presence of the unlawful enterprise, the court said.

The court added that the six other foreign nationals acted collectively with the objective to manufacture drugs.

Agents of Philippine Drug Enforcement Agency agents from Manila raided the warehouse in Barangay Umapad and seized an estimated 675 kilos or about P1.3 billion worth of shabu.

Meanwhile, Cebu Governor Gwendolyn Garcia claimed victory in the campaign against illegal drugs with the conviction of 11 accused.

“This is certainly a breakthrough in our campaign against illegal drugs and sends a very positive signal to everyone concerned,” Garcia told reporters.

“The way to achieve our aim or our goal and that is to eradicate any and all forms of illegal drug abuse is by achieving one little victory at the time and this certainly a victory for our campaign,” she added. — With Gregg M. Rubio/LPM (FREEMAN)