Chinese drug suspect Liming Zhou is heavily escorted by Lapu-Lapu City police officers as she arrives at the prosecutor’s office to be apprised of the criminal charges against her for the transport of illegal drugs. (CDN PHOTO/NORMAN MENDOZA)
After a thorough evaluation by government prosecutors of the evidence against her, a criminal case for violation of the Comprehensive Dangerous Drugs Act or RA 9165 was filed yesterday against Liming Zhou, the suspected Chinese drug mule caught in the act of transporting four kilos of shabu via the Mactan Cebu International Airport (MCIA) last Wednesday.
Lapu-Lapu City prosecutor Angelo Barrios filed the case for violation of Section 5 of Article II of that law or the illegal transport of prohibited drugs, dropping two other charges filed by the PNP Aviation Security Unit 7 for importation (Section 4) and possession (Section 11) against the Chinese drug suspect.
“The term transport is defined as to carry or convey from one place to another. The operative words in the definition are ‘to carry’ or ‘convey.’ The fact that there is actual conveyance suffices to support a finding that the act of transporting was committed. It is immaterial whether or not the place of destination was reached,” the resolution by Barrios said.
Barrios added that the evidence on record showed that all elements of the crime that was charged are present to support the case against Zhou, who was caught en flagrante delicto while in the act of transporting the illegal drugs into the country.
Zhou, 27, from Hunan City in China, was arrested at the arrival area of MCIA last Wednesday after Customs examiners found 11 packs of shabu valued at P6.2 million in a secret compartment of her trolley bag.
Upon investigation by Bureau of Customs Cebu District Collector Rico Rey Francis Holganza, Zhou revealed that this was her third visit to Cebu since the issuance of her passport last January 2016.
She also said that a man and a woman were supposed to meet her at the airport and bring her to a hotel 10 minutes away.
She was supposed to stay in Cebu for three days before her flight back to Hunan today, July 23.
But Zhou’s travel plans will have to wait.
Proceedings
At 3:30 p.m. yesterday, the suspect arrived at the Lapu-Lapu City Prosecutor’s Office for inquest proceedings during which Barrios found the need for the respondent to be assisted by an interpreter who could translate the proceedings in Mandarin as she spoke no English.
Chinese Consul for Cebu, Li Ke assisted the suspect through a telecommunications conference so that the prosecutors could apprise her of her rights during the inquest.
Zhou was informed that she may opt to answer the charges against her through a preliminary investigation provided that she sign a waiver of detention in accordance to the provisions of Article 125 of the Revised Penal Code.
However, prosecutors found no indication that she was willing to execute a waiver duly assisted by a counsel.
Thus, charges were immediately filed against Zhou before Regional Trial Court Branch 54 Executive Judge Victor Teves Sr. on the grounds that the arrest was legally made while the suspect was in the act of committing a crime.
“The evidence on record submitted thus far amply demonstrates that all the elements of the crime charged are prima facie existent in this case. The identity of the transporter was established pointing to Respondent Liming Zhou,” the resolution said.
As to the other charges for violation of Section 4 and 11 of the Dangerous Drugs Act, Barrios said this should be dismissed for the reason that the suspect cannot be accused of another crime for the same act as this would constitute double jeopardy.
“Basic in criminal law is the principle that a person cannot be subjected twice (or more) in criminal liability for a single criminal act,” Barrios clarified in his resolution charging Zhou of illegal transport of drugs while dropping the complaints for importation and possession.
Following the filing of formal charges against her, Zhou was placed at the Lapu-Lapu City jail for detention after spending two nights at the PNP Aviation Security Unit holding area at the MCIA. The case against Zhou is nonbailable.
As to the identity of Zhou’s local contacts, police are withholding information pending results of an ongoing investigation led by the PNP Anti-Illegal Drugs Group based in Camp Crame.
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