(Eagle News) — The camp of alleged pork barrel scam queen Janet Lim Napoles has formally asked the Sandiganbayan for her transfer to the National Bureau of Investigation.
In a very urgent motion to transfer place of detention filed before the fifth division, where she faces a plunder case in connection with the alleged scam, her lawyers argued it would be very “improper and unjust” for her to “continue her detention” at the Correctional Institute for Women in Mandaluyong since she is no longer a convicted prisoner.
On May 5, the Court of Appeals acquitted her for the crime of serious illegal detention, saying the prosecution had failed to present the necessary proof she was behind the detention of her relative, Benhur Luy, at Bahay ni San Jose in Makati.
In acquitting Napoles, who is being held at the CIW for the supposed crime, the CA’s 12th division gave weight to the testimony of several priests, who noted that Luy did not appear to be coerced during his stay.
“Under the (Bureau of Corrections) Operating Manual, inmates refer to a national prisoner, or one sentenced by a court to serve imprisonment. Inmates also refer to a detainee. Thus, it is clear that her continuous confinement in CIW has no basis for she is no longer a convicted prisoner by virtue of the decision by the (CA) acquitting her of the crime of serious illegal detention,” her lawyers said in the three-page motion.
They also noted that the filing of the motion was “in light (of) the recent development of her entire cases which greatly affect not only her line of defense, but more importantly, her life and security.”
New task force
In a press conference on Thursday, Justice Secretary Vitaliano Aguirre said he would form a new task force that would look into the alleged pork barrel scam, and the disbursement acceleration program controversy again.
He noted that this was in view of the “selective justice” that prevailed during the previous administration, with only three then-senators–Juan Ponce Enrile, Jinggoy Estrada and Bong Revilla–charged despite the “hundreds” of public officials who appeared to be involved.
“Not only (are her) cases considered as high-profile due to the involvement of high-ranking public officials. The threats against the accused became serious and strong when news circulated that she may be used as a government/state witness against some high-ranking government officials (in connection with) the PDAF scam, and that the present administration intends to revisit her cases,” Napoles’ lawyers said.
They noted that she has been getting threats everyday, including written threats from unknown individuals.
They said her belongings have also even been ransacked.
“Hence, the accused respectfully begs for security purposes, and humanitarian reasons, that she be confined in (more secure) premises. At this juncture, the accused requests that she be detained at the (NBI) Custodial Center,” they said.
“The safety of the herein accused is much assured if she will be placed (in the said) facility,” they added.
“Functus officio”
In an urgent motion filed in Sandiganbayan’s fifth division on May 10, prosecutors asked that the court reiterate its previous commitment order that Napoles be confined to Camp Bagong Diwa in Taguig instead, or that it issue a “new” order for the “guidance of all the parties.”
The prosecution said that this was in light of the CA’s acquittal, which had rendered the CIW’s “authority to detain” Napoles “functus officio” or expired.
