Palace, Aguirre: Kerwin eligible for witness protection
Justice Secretary Vitaliano Aguirre II and Malacañang yesterday defended the eligibility of alleged drug lord Kerwin Espinosa for coverage of the government’s witness protection program (WPP).
Aguirre rebutted the insinuation by Sen. Leila de Lima that Espinosa, who implicated her in the illegal drug trade, is not qualified as a state witness under the WPP.
De Lima, who was accused by Espinosa and high-profile inmates in New Bilibid Prison of receiving millions of drug money, reportedly argued that the drug lord is not eligible for WPP coverage because he is supposedly the most guilty in the alleged crime.
But Aguirre stressed that De Lima, a former justice secretary, “is absolutely wrong.”
He reminded De Lima that she is the one being tagged as “most guilty” by Espinosa and other witnesses for being the alleged beneficiary of drug money and supposed protector of illegal drug trade.
“Unless she has contracted amnesia, all NBP inmates, including Jaybee Sebastian, pointed to her as the instigator who induced and tolerated the distribution of illegal drugs nationwide, which caused the proliferation of illegal drugs – all because of her ambition to win a Senate seat,” he added.
Aguirre explained that under the law, Espinosa and other inmates are classified as principal by participation, while De Lima is considered a principal by inducement based on testimonies and evidence gathered by probers.
“The Supreme Court had ruled that the latter is the most guilty because without inducement, the crime would have not been committed,” Aguirre pointed out.
Aguirre also stressed that De Lima has no business dictating on prosecutors regarding cases as she was no longer justice secretary.
He said a state witness is determined upon the discretion of government prosecutors.
“She has no business telling us what to do or not to do. She better read Supreme Court rulings giving prosecutors the discretion as to whose testimony is necessary and as to who is the most guilty,” he added.
Presidential Communications Secretary Martin Andanar said “it is just practical to protect” drug personalities who are in the upper echelons “if they are willing to cooperate with the government and you are getting information that can bring down the drug apparatus.”
Last week, Aguirre bared that Espinosa, who is also facing a separate case for possession of illegal drugs and firearms before a Leyte court, has been accepted by the DOJ as a state witness after passing the criteria under the WPP.
“The prosecution will later on ask for the dismissal of charges against Kerwin or for the dropping of Kerwin as one of the accused. But it will still depend on the court,” he explained.
Witnesses covered by WPP are given several privileges, including provision of a housing facility or safe house that could be extended to members of their families, financial assistance, assistance in obtaining means of livelihood, payment equivalent of salary as compensation for absences in work, travel expenses and medical expenses.
In cases of death, benefits will be given to their families, including free college education to their children.
Kerwin’s father, Albuera mayor Rolando Espinosa Sr., was killed inside his cell at the Baybay City sub-provincial jail last November.
Police officials claimed that the mayor was shot dead inside his cell while resisting arrest.
But an investigation by the National Bureau of Investigation found that the mayor had been executed. –