DOJ appeals acquittal of Chinese in ‘floating shabu lab’
(Story on Page 9)
The Department of Justice (DOJ) has appealed the acquittal of four Chinese arrested in a “floating shabu laboratory” off the coast of Subic, Zambales in 2016 in one of two drug cases against them.
The DOJ panel filed on Friday a partial motion for reconsideration on the decision of the Olongapo City Regional Trial Court (RTC) Branch 74 that convicted the four accused – Win Fai Lo, Shu Fook Leung, Kam Wah Kwok and Kwok Tung Chan – on charges of possession of 467.8 kilos of shabu, but acquitted them on charges of manufacture of illegal drugs.
Prosecutors questioned the findings of RTC Judge Roline Jabalde that the four were not guilty of the charge because the hydrogenator seized by authorities inside the vessel, which according to a chemist from the Philippine Drug Enforcement Agency (PDEA) was used solely for shabu manufacturing, was “non-functional” during the arrest.
“The honorable court must know that the law does not require that the laboratory equipment found in the clandestine laboratory must be operational. The four accused who were arrested on board and made it appear that the boat was a fishing vessel with legitimate business operations and concealed its actual purpose as a clandestine laboratory should be held liable for conspiring and confederating with one another to manufacture dangerous drugs,” read the 11-page motion.
The prosecutors insisted that the discovery of the hydrogenator inside the vessel was enough to conclude that it was a clandestine laboratory based on the guidelines under PDEA Memorandum Circular 2016-019.
They believed that the hydrogenator was not functioning at the time because a hydrogen gas tank was needed, but noted that there was a power supply where it was located.
The prosecutors stressed that Republic Act 9165 or the Comprehensive Dangerous Drugs Act provides that the presence of any controlled precursor and essential chemicals or laboratory equipment is prima facie proof of manufacture of a dangerous drug.