PDEA files Motion for Reconsideration in relation to the case filed against two Japanese national for “transporting” illegal drugs

Miami
October 9, 2008
Story: PDEA files Motion for Reconsideration in relation to the case filed against two Japanese national for “transporting” illegal drugs

The Philippine Drug Enforcement Agency (PDEA) was dismayed after the Pasay Prosecutors Office downgraded the case of the two Japanese nationals in Pasay Regional Trial Court.

According to the PDEA the two Japanese nationals should face violation of Section 5 of Article II of RA 9165 (Dangerous Drugs Act) or transportation of illegal drugs. “What the prosecutor filed was violation of Section 11 or possession of illegal drugs, where it is very clear that they will transport the illegal drugs, they are bound for Japan” said SPO1 Reynaldo Arojado, Chief Investigation Division of Metro Manila Region Office (MMRO) of PDEA.

The Japanese nationals are Hitomi Hasegawa, 50, female and Reiichiro Hayashi, 42, male. Both of them were arrested in Ninoy Aquino International Airport (NAIA).

HASEGAWA CASE

Last October 3, the court ordered PDEA to commit Hasegawa at Pasay City Jail to be detained there. They were able to transfer Hasegawa to the custody of Pasay City Jail from PDEA.

The court also ordered for a re-investigation of the case because their counsel has requested for it. Arojado said, they think the reason why the lawyers of Hasegawa asked for re-investigation is because the really want to downgrade the case.

“If the prosecutors will insist that the case should be filed against Hasegawa is illegal possession of illegal drugs, (violation of Section 11 or RA 9165) the case will be lighter, and she can post bail,” Arojado said.

“On the minute of resolution from the prosecutor’s Office they said that there is a lack of evidence against Hasegawa the reason why they downgrade the charge,” Atty. Luisa Rabang said, Legal officer of PDEA.

Arojado added that the scheduled re-investigation was set on October 10 at Room 108 in Pasay Prosecutors Office in Pasay City at around 10:00 am. “We will use this chance to elevate the case back to violation of Section 5 (transportation) from violation of section 11 (possession),” he said.

The motion for reconsideration for Hasegwa was filed September 25, 2008.

Hasegawa was arrested on September 14, after she was manually search or frisk by security officers doing the search at Final Security Checkpoint 2. Recovered from her 473.8 grams of shabu, and she was bound for Fukuka, Japan. The shabu was in a plastic with packaging tape, and it is being tape on her lower abdomen skin.

HAYASHI CASE

There is supposed to be an arraignment scheduled for his case on October 9, 2008, but Arojado said they were able to defer the arraignment.
“The arraignment will also be for violation of Section 11 (possession) but what we filed was violation for Section 5 or the transportation,” Arojado said.

He explained that for Hayashi case, they are the ones who file for motion for re-investigation, “Unlike with Hasegawa case, we are the one who file for re-investigation because we want him to be charged for illegal transportation of illegal drugs. Because he is already bound for Narita.”

Base on the minute resolution of the prosecutor, the case was downgraded to illegal possession of illegal drugs, “because he had not yet boarded the plane.”

Arojado said, “He is already at the airport, bound for Narita. We have checkpoint and was arrested their, so why wait for him to be boarded on plane.”

As of the moment there is no resolution yet whether they will have re-investigation.

Hayashi was arrested last September 18, after his bag was scanned in the x-ray machine at airport’s security 1, aside from the shabu they also recovered 13 bullets from calibre .25. The shabu was found in an ashtray, inserted on the improvised holes where nine sachets of shabu were placed with total of 3.9275 grams.

If proven guilty, sentence for illegal transportation reclusion perpetua or life imprisonment, while for illegal possession is imprisonment for six to 12 years.