Say decision was based on evidence presented to them
(Eagle News) — The state prosecutors who received backlash after junking the drug charges against Kerwin Espinosa and others finally broke their silence on Thursday, saying they only made their decision based on the evidence presented to them.
“Malinis ang aming konsensya at makikita naman na complainant did not present sufficient evidence but instead relied only on the testimony of its sole witness,” Michael John Humarang said in a statement.
Humarang was referring to Marcelo Adorco, Espinosa’s driver.
According to now-Judge Aristotle Reyes, another member of the panel then, a check of Adorco’s three affidavits showed there were “material inconsistencies affecting the fact in issue.”
Apart from this, he said Adorco did not have personal knowledge of “most of the material allegations,” having allegedly only overheard a telephone conversation between Espinosa and another drug supplier.
“Third, unsubstantiated (ang allegations). Co-conspirator din siya, meron siya confession. Yun confession ng co-conspirator kung wala nagcorroborate hindi natin pwede tanggapin yan as evidence,” Reyes said.
According to Reyes, the Criminal Investigation and Detection Group, who acted as the complainant, did not submit Espinosa’s confession he was a drug distributor in a Senate hearing in 2016 as evidence.
“Hindi namin pwede i-take cognizance yan na hindi submit sa amin. In fact, during the presscon of the CIDG yesterday, the CIDG admitted that they did not purposely preset the admission of (Espinosa) before the Senate,” Reyes said.
Both Reyes and Humarang said they were willing to subject themselves to any investigation.
“Talagang niresolve namin yung case based sa evidence at sa law applicable, walang iba diyang consideration,” he said, lamenting what he said was the “overreaction” following the dismissal of the charges.
A second prosecution panel has been formed to look into the motion for reconsideration filed by the CIDG. Moira Encina
