Detained opposition Senator Leila de Lima on Thursday, January 7, sought the dismissal of 1 of 3 drug cases filed against her, citing “clear absence of evidence” to implicate her in the drug trade in the New Bilibid Prison.

In seeking the dismissal of Criminal Case 17-166 involving co-accused Jose Adrian “Jad” Dera, De Lima argued that the prosecution failed to prove her guilt beyond reasonable doubt.

“Considering the clear absence of evidence – there is even no evidence of an overt act, much less proof beyond reasonable doubt – proving her guilt for violation of Section 26(b) in relation to Section 5 and Section 3(jj) of Republic Act No. 9165, accused De Lima respectfully submits that this instant trumped-up charge against her has no merit and must be dismissed,” De Lima said in a demurrer to evidence filed by her lawyers with the Muntinlupa City Regional Trial Court Branch 205.

De Lima maintained that the alleged conspiracy to commit illegal drug trading remains a speculation, noting that “none of the prosecution witnesses admitted having personal knowledge of, much less personal involvement in, the alleged illegal drug trade.”

“Prosecution witnesses Peter Co, Hans Tan, and Sally Serrrano all testified that the real plot of this case is the kidnapping of Sally Serrano, [Co’s niece], by rogue cops,” she added.

She also cited the investigation of the Anti-Money Laundering Council into the Bilibid drug trade which has established no direct link to the senator.

De Lima is accused of conspiring with Dera, who allegedly extorted money and vehicles from high-profile inmate Peter Co for De Lima’s 2016 senatorial bid.

The senator said they were seeking the dismissal of the case based on the following grounds:

• failure to prove illegal drug trading
• no evidence of conspiracy
• no evidence of overt act
• strong evidence of innocence
• violation of traditional duty and right to due process
• questionable probative value of testimonies

De Lima, who has been detained since February 2017, is facing two other drug cases that also stemmed from her alleged link to the Bilibid drug trade.

Many local and international groups have called for the senator’s release, saying her cases were a form of political persecution for her investigation of the Duterte administration’s war on drugs and extrajudicial killings. – Rappler.com