Kerwin Espinosa’s affidavit at PNP can’t be used in Manila drug case, says lawyer

Self-confessed drug distributor Kerwin Espinosa's affidavit during a 2016 police investigation cannot be used against him before the local court where he faces drug trading charges, his lawyer said Friday.

"We're trying to point out, Your Honor, that since this judicial affidavit was taken for purposes of using this against [Senator Leila] De Lima and the other police officers, and afterwards [Espinosa] was granted legislative immunity and he was admitted into the Witness Protection Program, we are trying to show that this statement cannot be used against him because that's what the law says," said defense lawyer Jesus Obejero Jr.

The explanation came up during his cross-examination of prosecution witness Police Superintendent and lawyer Enrico Rigor, chief of the legal and investigation division of the Philippine National Police's Drug Enforcement Group at the continuation of Espinosa's trial at the Manila Regional Trial Court's Branch 26.

Last week, Rigor said in open court that Espinosa's testimony, recorded in the affidavit, revealed the alleged drug lord naming some of his personnel and their drug transaction method. Espinosa's testimony at the Senate in 2016 reflected the contents of the affidavit.

On Friday, Rigor confirmed during cross-examination that he took Espinosa's testimony for the purpose of the Senate inquiry into the death of the latter's father, the late Albuera mayor Rolando Espinosa.

But under questioning, he also admitted "there's no mention" in the judicial affidavit that the illegal drugs recovered during a drug buy-bust operation at his Albuera, Leyte residence on July 28, 2016 came from Espinosa.

The illegal drug trading case against Espinosa before Branch 26 stemmed from the July 28, 2016 operation.

Meanwhile, the prosecution said it will soon wrap up its presentation of evidence.

After the cross-examination, Assistant City Prosecutor Christian Bachiller said that "maybe" the prosecution's "last witness" will be Senator Panfilo Lacson, chair of the the Senate committee on public order and dangerous drugs, which led the inquiry into Espinosa Sr.'s death. — RSJ, GMA News