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Filipina asks High Court to reverse guilty plea in drug trafficking case

29 August 2024

 

A full hearing of the case is set on Sept 20 at the High Court (File)

In an unusual application, a Filipina who was set to be sentenced for drug trafficking instead asked the High Court today, Thursday, to allow her to reverse her guilty plea.

A lawyer for Liza D. Soriano, 44, a former domestic helper, said she was not in her proper state of mind the night before she entered a guilty plea at Eastern Court on Nov. 23 last year.

Barrister Peter Pannu also told the court that there was sufficient evidence that Soriano had merely agreed to a friend’s request to pick up the package containing nearly one kilo of the drug known as ice, without knowing what it contained.

She was arrested by customs operatives on Jul 28, 2022 in front of a building in Sai Ying Pun after she picked up the parcel containing the drugs.

Basahin ang detalye!

“This case is crying out for a day in court,” said Pannu.

Senior Public Prosecutor Raymond Chow who opposed the application said he was ready to examine Soriano about her claim, arguing, among other things, that she had a lot of time to reconsider her plea but only did so just before her scheduled sentencing.

After hearing from both counsel, Recorder Derek Chan, S.C., decided to reset the case to Sept. 20, and gave Soriano until Sept. 13 to submit additional affidavits if she wished, to support her application.

She was remanded in custody until then.

In arguing for the application, Pannu cited a WhatsApp message on Jul 13, 2022 between Soriano and her friend, Jean, a fellow Filipina, in which the latter asked the defendant to pick up “something” for her husband, for which she would be paid between $1,000 and $1,500.

Soriano, who was reportedly made to understand that she was picking up mobile phones, replied in Filipino that there was no need to pay her so much as she was  already earning money from babysitting. “$500 is ok with me,” she said.

Pannu said this showed Soriano’s innocence, as no drug trafficker would voluntarily offer to to be paid a lot less money for something as dangerous a task.

But when she went to do the bidding, nobody showed up with the package. Pannu said this was a “trial run” for the actual pickup a few days later, during which Soriano was arrested.

The next day, Jean turned on the “disappearing messages” in their WhatsApp conversation so nothing more was recorded in Soriano’s phone about the subsequent pick-up.

Pannu said that after her arrest, Soriano readily gave the arresting officers the password to her phone, which again indicated she was not complicit to the offense. He said it was Jean’s husband, said to be of African descent, who was the real drug trafficker.

Chow for his part said Soriano had “months to change her plea” but did not do so,  and that it was not fair to say that the defense counsel made her plead guilty to the charge.

He also argued that it was normal for any defendant about to be arraigned to feel anxious the night before.

“She did intend to plead guilty,” he said. “It was only on hindsight that she decided to change her plea.”

Nevertheless, he agreed that if he is proved wrong, Soriano should have her day in court.

Pannu had argued that the overriding consideration in the case should be that the interest of justice is served.

If convicted of drug trafficking, Soriano could face the maximum sentence of life imprisonment and $5 million fine.
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