DOJ clears Lim, Kerwin

CEBU, Philippines — The Department of Justice (DOJ) has cleared controversial Cebuano businessman Peter Go Lim and confessed drug dealer Kerwin Espinosa of drug charges.

In a 41-page resolution dated December 20, but released only on Monday, state prosecutors dismissed the complaint filed by the Philippine National Police-Criminal Investigation and Detection Group against Lim and Espinosa.

Aside from Lim and Espinosa, the DOJ also dismissed the drug raps against Peter Co, Max Miro, Lovely Impal, Rule Malindangan, Jun Pepito, "Jermy", "Ricky", "Warren", "Tupie", "Jojo", "Jaime", "Yawa", "Lapi," "Royroy", "Marlon", and "Bay".

Grounds

The DOJ panel rejected the testimony of state witness Marcelo Adorco who claimed he had supplied narcotics in “staggering amounts” to Kerwin Espinosa for more than two years.

Prosecutors held that Adorco’s claims were contrary to the “standards of human experience and the logical course of reality.”

“Indeed, for an evidence to be believed, it must proceed not only from the mouth of a credible witness, but must be credible in itself as to hurdle the test of conformity with the knowledgeable and common experience of mankind,” the prosecutors pointed out.

The DOJ also cited as basis the failure of the PNP-CIDG to present “any circumstantial evidence to prove respondents’ illegal drug transactions.”

“Though it may be argued that the corpus delicti of a crime may be established even by a single witness’ uncorroborated testimony or even by circumstantial evidence, it is essential that this witness be credible,” the DOJ explained in the resolution signed by Assistant State Prosecutors Michael John Humarang and Aristotle Reyes.

The prosecutors said Adorco is not a credible witness, “judging from the material inconsistencies and improbability of his allegations.”

In a counter-affidavit, Lim dismissed the drug charges as “baseless and nonsensical.”

He claimed he was never involved in the illegal drug trade in Central Visayas as alleged by the PNP and never met Adorco, Kerwin Espinosa and the other respondents.

Lim’s legal liaison and spokesperson said Lim was “excited” about the DOJ findings.

“Wala’y di malipay ana. In fact, he was so excited about the result and told us that once and for all, the truth has set him free,” Dioscoro Fuentes Jr., told The FREEMAN in a phone interview.

Fuentes said Adorco’s statements were disproved by evidence that Lim was hospitalized for kidney failure on the day he was allegedly seen with the high-profile drug personalities.

“It was proven that after all he was telling a lie, because after all Peter Lim, submitted his passport to National Bureau of Investigation (NBI), for further investigation, as directed by the honorable President, and it was found out that Peter Lim that was not in that part of the country,” he added.

Work continues

The DOJ said the police can re-file charges if they have additional evidence and Police Regional Office (PRO) – 7 Director Robert Quenery said his men will continue to look for additional witnesses and evidence.

“This is sad news for us, however, this is not final yet as it is still subject to automatic   review by the DOJ Secretary. In addition, our investigators and legal team are looking for additional witnesses and pieces of evidence that will make possible the re-filing of the charges,” Quenery said.  (FREEMAN)