Ombudsman to block move to use Napoles as state witness

Ombudsman Conchita Carpio Morales on Tuesday said her office will block any move to use Janet Lim Napoles as a state witness in the planned reinvestigation of the controversial pork barrel scam.

"As far as the prosecution is concerned, she is one of the principal alleged malefactors. So certainly the Office of the [Special] Prosecutor will block any attempt to make her a state witness," Morales said in an ambush interview with reporters.

Morales explained that it is the Office of the Special Prosecutor (OSP) who will determine if Napoles can be made a state witness, but with the approval of the court.

"It is the OSP which will consider whether or not she will be a state witness. And it's going to be the court who will finally approve whether or not she is going to be a state witness," she said.

In response, Justice Secretary Vitaliano Aguirre II said: "It is the right of anybody to do anything as long as it not against the law."

He said the DOJ may exercise its "exclusive right" to put a witness under the Witness Protection Program "if need be."

Following her acquittal from the serious illegal detention case involving her former aide Benhur Luy, Aguirre said Napoles may also be used as witness in the fresh probe ino the corruption scandal.

"The credibility of a certain witness depende 'yan sa sasabihin niya. Kung talagang ang testimony niya coupled with documents there's no reason why she shouldn't be credible," Aguirre said. 

He, however, said turning Napoles into a state witness will not affect the plunder and graft cases she is still facing before the Sandiganbayan over the pork barrel scam. The findings of these will likely be forwarded to the Office of the Ombudsman for its consideration.

"Hindi po maaapektuhan ang kanyang mga nakapending na kaso. Wala pong relasyon. Hindi po maaapektuhan kahit ano kung siya ay papayagan natin maging witness dito sa reinvestigation ng PDAF (Priority Development Assistance Fund) scam. Kaya yung motibo na ganun ay hindi po natin nako-consider dahil hindi po yan relevant sa pinag-uusapan natin," Aguirre said in an News To Go interview.

Morales said that even if the DOJ conducts its own investigation, her office is not bound by its findings.

"It's up to them if they wish to reinvestigate. We are not bound by any findings over cases over which the Ombudsman has the final authority whether or not there is probable cause," she said.

Last week, Aguirre met with Napoles' camp where the businesswoman expressed willingness to name more officials involved in the pork barrel scam.

But Morales said she is not bothered by these "exploratory talks" between the DOJ and Napoles' camp.

"I'm not bothered at all. We are confident with our position. So whatever they say, let them say it. We are not bothered. We are not concerned at all by whatever they say," she said.

At present, Napoles is detained at Camp Bagong Diwa. — with a report from Virgil Lopez/RSJ/KBK/KG, GMA News