Court acquits Demapan in illegal gambling case

Superior Court Judge Pro Tem Joaquin V. E. Manibusan, Jr. yesterday acquitted former Senate President Juan S. Demapan and seven others in connection with the illegal gambling case filed against them almost a year ago.

In a 30-page decision, Judge Manibusan said 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.

The decision stemmed from a motion for judgment of acquittal filed by the defendants on Sept. 29, a day after the government has concluded the presentation of its case.

Mr. Demapan and seven other Chinese nationals were charged with illegal gambling and conspiracy to commit illegal gambling on Nov. 7, 1999. Also accused were Ping Yin Cheung, Qiling Dong, Xian Zhon Wu, Pierre Lam, Yiu Ting Chung, Shuguang Tang and De Fu Chen.

The criminal charges were made after a team from the Attorney General’s Office investigative unit raided an alleged illegal gambling establishment in East Ocean Restaurant located 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.

The extent of the alleged illegal activity witnessed by government investigators was that one of the defendants was seen shaking a container that contained dice.

“However, there was no evidence that bets were placed or that payoffs were made, nor was there any evidence presented which indicated that the defendants conspired to commit acts of illegal gambling and that as a result of their conspiracy, illegal gambling did, in fact, take place,” Judge Manibusan said.

Assuming that such illegal activity was taking place, Judge Manibusan said it appears that the government investigators stopped it prematurely. The fact that there was money on the table is not sufficient to prove that illegal gambling was being conducted at East Ocean at that time, he added.

Even assuming that the government had demonstrated the games were being played at that time, Judge Manibusan said it has again failed to prove that such games are the type prohibited by the statute and not exempt from prohibition.

And because the government fell short in proving that the defendants did commit acts of illegal gambling, it cannot also prove the conspiracy charge.

During the trial, the testimony and evidence presented simply indicate that gaming devices and persons dressed similarly in white shorts and red ties were found at the East Ocean Restaurant.

“No witnesses testified that they saw any patrons placing bets, nor was there any testimony that the person shaking the dice also called the bets, took money from the losers and paid off the winners,” Judge Manibusan said.

The evidence presented at the trial indicated that at the time of the raid inside East Ocean Restaurant, the persons were merely talking with one another.

Mr. Demapan immediately hailed the decision of the court saying justice has prevailed. “From the very beginning, I knew I was wronged by the Office of the Attorney General,” he said in a statement. He added that it was the first misdemeanor case which used the entire resources of the AGO at the public’s expense.

During the four-day trial of the case, Chief Criminal Prosecutor Kevin Lynch and Assistant Attorney General Marvin Williams presented seven witnesses. Lawyers Pedro M. Atalig and Yoon H. Chang appeared on behalf of Mr. Demapan while Attorney Joseph A. Arriola represented the seven other defendants.