Sandiganbayan wants Napoles to present evidence of threats, harassment

FILE: Alleged pork barrel scam mastermind Janet Lim-Napoles should prove with records the supposed threats and harassment against her, the Sandiganbayan urged on Monday, March 19. (PNA photo)

Alleged pork barrel scam mastermind Janet Lim-Napoles should prove with records the supposed threats and harassment against her, the Sandiganbayan said on Monday, March 19.

The Sandiganbayan first, third, and fifth divisions will hear Napoles’ urgent motion seeking transfer of custody to the Department of Justice (DOJ) under its Witness Protection Program (WPP).

“Where is the evidence? Why is it that you are filing this motion?” Fifth Division Chairman Associate Justice Rafael Lagos said.

Napoles’ lawyer Carlo Acasili stressed that the proceedings on the motion filed by his client to be moved to the WPP are “confidential,” and that the DOJ “may be in the best position” to respond on the issue.

“But you already alleged it. What’s confidential about that? You have no proof to support your allegation of reported harassment?” Lagos asked.

According to her motion, Napoles has been “provisionally covered” by the Witness Protection Security and Benefit Program (WPSBP) since February 27 this year.

Under the provisions of Republic Act 6981, the alleged Priority Development Assistance Fund (PDAF) scam mastermind should have security protection and escort services. Aside from that, Napoles is also entitled to acquire a safe house until the threat or danger against her diminishes.

Napoles, in her motion, said that “there were recorded incidents of harassments, intimidation and threats on her life and security, which could be avoided if the DOJ-WPP would be allowed to perform its mandate to protect the accused-movant.”

She claims that she is being threatened and harassed over her knowledge of the PDAF scam of high-ranking government officials, making her “security a concern.”

Ransacking incidents

Meanwhile, lawyer Stephen David argued that Napoles’ jail cell at the Camp Bagong Diwa in Taguig City was recently ransacked where unnamed suspects stole her laptop containing all documents crucial to her defense.

“The laptop used to make the affidavit, it was stolen,” David said.

However, First Division Associate Justice Geraldine Faith Econg said that the incident was “unimaginable.”

“You are saying that the [DOJ officials] left the laptops, the documents with Napoles? It’s unimaginable. Richard Cambe even had to request this court to be given a laptop inside his cell for his defense. What kind of an arrangement is this?” Econg said.

Nevertheless, David said that if the Justice Department finds Napoles’ affidavit credible, only then her admission to the WPP will be permanent.

The first and fifth divisions gave the DOJ and the Office of the Ombudsman 10 days to submit their comment or opposition on the motion to the court. The third division, on the other hand, was still to hear Napoles’ motion.