Sandiganbayan wants Napoles to prove alleged threats, harassment

The Sandiganbayan on Monday urged the camp of alleged pork barrel fund scam mastermind Janet Lim Napoles to prove the supposed threats and harassment against her before it decides on her appeal to be transferred to the Witness Protection Program (WPP) of the Department of Justice (DOJ).

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

Napoles' legal counsel Carlo Acasili replied that the proceedings on the urgent motion of her client to be transferred to the WPP are "confidential," saying the "DOJ may be in the best position to answer this matter."

"But you already alleged it. What's confidential about that? You have no proof to support your allegation of reported harassment?" Lagos said.

Napoles, in her urgent motion, cited "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 accused-movant, as a covered witness."

Napoles attached a DOJ certification stating that she has been provisionally admitted by the WPP as of February 27. 

Ransacked cell

Meanwhile, lawyer Stephen David told the First Division that their motion is "only a matter of courtesy" for the Sandiganbayan since the DOJ should already be acting on the transfer of Napoles to the WPP.

David said the jail cell of Napoles at Camp Bagong Diwa was ransacked recently where unidentified suspects stole her laptop and documents vital to her defense.

The statement drew the ire of Associate Justice Geraldine Faith Econg, saying it is "strange" for Napoles to have her own laptop when her co-accused in one plunder charge, former Senator Ramon Bong Revilla Jr.'s aide Richard Cambe, had to seek approval to have his own laptop.

"You mean to say a laptop and documents were left with Napoles? That is strange. What kind of arrangement is this?" Econg said.

David also said DOJ personnel gathering Napoles' affidavits on the multi-billion-peso scheme also received harassments when they go to Camp Bagong Diwa.

But Econg said the DOJ officials should be the one admitted by the WPP since they were the ones threatened.

"You are asking Napoles to be admitted by WPP. If the ones visiting her are in danger then they should be in WPP, not Napoles," she said.

Nonetheless, David said the admission of Napoles to the WPP will only be permanent if the DOJ finds her affidavit credible.

The First and Fifth Divisions gave the prosecution 10 days to formally file their comment or opposition on the motion. — RSJ, GMA News