Self-confessed drug lord Kerwin Espinosa yesterday asked the Department of Justice (DoJ) to dismiss the drug complaint filed by the Philippine National Police (PNP) against him for lack of evidence.
In his nine-page counter-affidavit, Espinosa said the PNP failed to prove that he has drugs in his possession at the time of his arrest.
“Since the government could not prove that I ever had shabu in my possession, what would be the penalty that could be imposed on me?” Espinosa said in his counter affidavit.
Espinosa also pointed out that the PNP failed to present the “corpus delicti” of the alleged offense, claiming that no drugs were presented to the DoJ panel of prosecutors as part of the evidence against him.
“Where is the corpus delicti? Surely, this honorable panel would understand how vital the corpus delicti is for purposes of determining the existence of probable cause?” read Espinosa’s sworn statement.
In the complaint, Espinosa, businessman Peter Lim and their co-respondents were accused of violating Section 26 (b) in relation to Section 5 (Sale, Trading, Administration, Dispensation, Delivery, Distribution and Transportation of Dangerous Drugs and/or Controlled Precursors and Essential Chemicals) of Republic Act 9165, also known as the Comprehensive Dangerous Drugs Act of 2002.
The PNP based its complaint on the sworn statements issued by witness Marcelo Adorco who was arrested on July 8, 2016 during a buy-bust operation in Albuera, Leyte.
Meanwhile, Senior Assistant State Prosecutor Juan Pedro Navera, who heads the panel of prosecutors conducting the preliminary investigation of the complaint, gave Lim and other respondents until May 30 to respond to the drug complaint filed by the PNP against them.