Makati court starts Napoles bail hearing on serious illegal detention case

A Makati court started Friday morning the hearing on the bail petition of controversial businesswoman Janet Lim-Napoles on the serious illegal detention case filed against her and brother Reynald Lim involving the principal whistleblower in the alleged P10-B pork barrel scam.

 

Napoles was not present during the hearing as she was not subpoenaed by the court. On Monday, Napoles refused to enter any plea during her arraingment, prompting the court to enter a not guilty plea on her behalf. She is currenlty detained at Fort Sto. Domingo in Sta. Rosa, Laguna. 

 

The prosecution panel presented Rodante Berou, supervising agent of the National Bureau of Investigation Special Task Force who led in the rescue of whistleblower Benhur Luy, Napoles' distant cousin and former staff.

 

Berou narrated before Makati RTC Branch 150 Judge Elmo Alameda how they rescued Luy on March 22.

 

He said that when they saw Luy at the unit of Lim at Pacific Plaza Towers in Taguig City, the whistleblower initially refused to go with them.

 

"Ayokong sumama sa inyo. Walang ginagawang masama si Kuya Jojo," he quoted Luy as saying, referring to Lim.

 

Luy eventually went with the NBI agents after his family talked to him. Present during that time were Luy's father Arturo, mother Gertrudes, sister Annabel and brother Arthur.

 

When the NBI told Lim that he will be arrested for serious illegal detention, the latter said he will talk first to his lawyer, Berou recalled.

 

It was then that Lim experienced chest pains and when his condition did not improve even after taking his medicine, he was brought to St. Luke's Hospital in Taguig City.

 

While the NBI agents were talking with Lim, a group – composed of two women and three men – arrived at the condominium unit.

 

One of the women asked if the NBI had an arrest warrant. The agents replied that what they only had was the letter of lawyer Levito Baligod to Justice Secretary Leila de Lima regarding Luy's case. It was then that the woman shouted at him, Berou said.

 

"Wala naman palang warrant of arrest," Berou recalled the woman as saying. He said the woman also shouted invectives.

 

He said he does not know who the woman was. He was already at the NBI office when he learned from the Luys that the woman was Napoles herself.

 

When Judge Alameda asked Berou why he did not immediately recognize Napoles when she was one of the subject of the complaint filed by Luy's family, the NBI agent did not answer.

 

Berou also did not know where Napoles went after leaving Pacific Plaza that night.

Cross-examination

 

During cross-examination, Napoles' counsel, lawyer Lorna Kapunan, asked Berou if they checked or investigated six addresses stated in the complaint affidavit where Luy was supposed to be detained. Berou he replied in the negative.

 

"From March 8 until March 22 when you conducted the alleged rescue operation, two weeks, the investigating team did not bother to check any of the venue in the affidavit," Kapunan said.

 

Berou replied that the investigators should not go immediately to those areas or else they will be "burned." "If there is a sweeper of the kidnappers, the victim might get killed (if NBI agents will be spotted in the area)," he said.

 

He said they verified the affidavit on Luy's case through interviews with the witnesses.

 

He also said that he is unauthorized to conduct an independent investigation and he based his actions on the order of his superior, Rolando R. Gabiosa, NBI Director I.

 

The bail hearing is ongoing as of posting time.

Detention of Luy

 

Luy was allegedly detained for three months after Napoles found out that he secured a P5.5-million loan using her name and without her authorization. Napoles has also accused Luy of stealing P300,000 that he was supposed to deposit to her account.

 

Luy's camp, however, insisted that he was taken against his will so he would not be able to spill the beans on Napoles' anomalous transactions. These consisted of allegedly diverting P10 billion from the Priority Development Assistance Fund (PDAF) of lawmakers through her non-existent foundations for alleged ghost projects.

 

The NBI earlier filed plunder and malversation charges against Napoles, who allegedly conspired with lawmakers and former and present government officials in connection with the pork barrel scam.

 

Napoles and Lim were ordered arrested on August 14 in connection with the illegal detention case. The two went into hiding but two weeks later, Napoles surrendered to President Aquino hours after he announced a P10-million reward for any information leading to her arrest.

 

Lim, on the other hand, remains at large. — RSJ, GMA News