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AGO to Demapan: Show proof of ownership
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Posted on Nov 02 2000
The Attorney General’s Office has told the Superior Court that former Senate President Juan S. Demapan should first prove that they own the property seized during a raid in a gambling establishment before the court takes any step to return it.
In a motion filed before the court, the AGO said seeking the return of confiscated gambling paraphernalia used as evidence during the trial is still premature since the defense counsels have not submitted judgment to the court.
Superior Court Judge Pro Tem Joaquin V. E. Manibusan, Jr. has earlier ordered the acquittal of Mr. Demapan and seven others in connection with the illegal gambling case filed against them almost a year ago.
Also acquitted were Ping Yin Cheung, Qiling Dong, Xian Zhon Wu, Pierre Lam, Yiu Ting Chung, Shuguang Tang and De Fu Chen.
According to Judge Manibusan, the government presented no evidence to prove that the defendants intended to commit illegal gambling, nor they were engaged in illegal gambling at the time of their arrest.
Mr. Demapan and seven other Chinese nationals were charged with illegal gambling and conspiracy to commit illegal gambling on Nov. 7, 1999.
The criminal charges were made after a team from the AGO’s investigative unit raided an alleged illegal gambling establishment in East Ocean Restaurant in Garapan owned by Mr. Demapan and his business partner Mr. Cheung. Law enforcement agents seized gambling paraphernalia during the raid.
According to Judge Manibusan, the government failed to prove beyond reasonable doubt that the defendants intended to promote or facilitate the crime of illegal gambling.
