The Philippine Star

DOJ appeals acquittal of Chinese in ‘floating shabu lab’

- By EDU PUNAY

(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.

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