De Lima bucks DOJ move to present new witness

MANILA, Philippines — The camp of former senator Leila de Lima yesterday filed a motion to oppose a move by Department of Justice (DOJ) prosecutors to present a new witness against her.

De Lima’s lawyer, Boni Tacardon, told The STAR that the prosecution filed a motion to reopen one of two remaining drug cases against her before the Muntinlupa City Regional Trial Court Branch 204.

Tacardon said the prosecutors seek to offer rebuttal evidence and present the testimony of lawyer Demiteer Huerta from the Public Attorney’s Office.

Earlier reports said the drug case filed before Branch 204 was up for decision and the promulgation hearing was set next month.

The defense’s opposition, a copy of which was obtained by The STAR, said the prosecutors and De Lima’s camp “both agreed in open court on April 17 to terminate the proceedings and to submit the case for resolution.”

De Lima’s camp said the prosecutors “had their opportunity to debunk and address” the testimony of former Bureau of Corrections deputy director Rafael Ragos, who recanted last year his statement claiming that he delivered P5 million in money from the illegal drug trade at the New Bilibid Prison to De Lima to bankroll her 2016 senatorial campaign.

According to De Lima’s opposition, there is “no showing that the presentation of additional evidence, including the testimony... of Huerta, would add anything of value to the lengthy cross-examination of the panel.”

De Lima’s camp said the prosecutors “failed to explain the substance” of Huerta’s testimony and added that the prosecutors’ submitting the case for decision is a waiver of their opportunity to present rebuttal evidence.

“Trials must end at some point. They cannot be subjected to the whims and caprices of any party who, after agreeing to submit the case for decision, changes its mind and opts for a continuation of an already terminated trial,” De Lima’s camp added.

DOJ prosecutor Darwin Canete yesterday told The STAR that they filed the motion because they “made a prior reservation to present and validate the Ragos video evidence,” which he said “clearly shows” Ragos “freely and voluntarily provided” his testimony before the PAO.

Upon recanting his statement, Ragos said he was coerced into providing testimony against De Lima.

The second of two cases remaining against De Lima is with the Muntinlupa Regional Trial Court Branch 256, where her camp is still waiting for the judge to rule on her petition for bail.

Tacardon said De Lima “believes she is innocent of these charges and all these charges are politically charged allegations against her. She always believes that sooner or later, justice will prevail and she will be set free.”