Mike Arroyo moves for dismissal of graft case over $329-M NBN-ZTE deal

Former First Gentleman Jose Miguel “Mike” Arroyo has asked the Sandiganbayan to dismiss the graft case filed against him in connection with his alleged involvement in the botched $329-million national broadband deal.

In a 54-page demurrer to evidence filed with the Sandiganbayan Fourth Division, Mr. Arroyo, through his legal counsel, said he should be acquitted from the case as none of the evidence and witnesses presented by the prosecution could prove his guilt.

A demurrer to evidence seeks the dismissal of the case halfway through the trial based solely on the evidence presented by the prosecution.

“As the Prosecution has failed to prove its case against Jose Miguel, he should not have to enter a defense. As he has repeatedly pleaded, he has conspired with no one, and has committed no crime,” Mr. Arroyo’s demurrer read.

Mr. Arroyo is co-accused of his wife, former President and re-elected Pampanga Rep. Gloria Macapagal-Arroyo and former Commission on Elections (Comelec) chairman Benjamin Abalos in the graft case.

The cases stemmed from the alleged anomalous national broadband deal worth 329-million that the government entered into with Chinese company Zhing Xing Telecommunications Equipment Inc. (ZTE) in 2007 during Mrs. Arroyo’s term as president.

The deal was eventually cancelled by Mrs. Arroyo after reports on its alleged irregularities made national headlines.

In his demurrer, Mr. Arroyo maintained that the prosecution failed to prove its allegation that he conspired with his wife, Abalos or with anyone from the government, for the awarding of the national broadband project to ZTE.

Mr. Arroyo said none of the witnesses presented by the prosecution was able to testify that he was present in any of those “dubious meetings” wherein the NBN project was discussed.

He maintained that he was not even present when the supposed contract between the government and the ZTE was signed in China on April 21 2007.

Mr. Arroyo said the testimony of Jose “Joey” De Venecia III, the only witness of the prosecution who implicated him into the alleged crime, must not be given credence as the latter was an interested party to the case.

De Venecia was then the president and general manager of Amsterdam Holdings Inc. (AHI), who was also a bidder for the national broadband project.

“It was only when he failed, that he cried foul. If Joey can’t have it, no one can. This is therefore nothing but a case of Biblical Envy,” Mr. Arroyo’s motion read.

“Jose Miguel respectfully begs this Honorable Court to put an end to this and to render a judgment of acquittal,” it added,

Mr. Arroyo said De Venecia’s claim that he told him to “back off” from the project must not be given credence as aside from being uncorroborated, the testimony supposedly does not prove conspiracy

In a Senate investigation and during the hearing of the case before the Sandiganbayan, De Venecia testified that in March 2007 in a restaurant in Wack Wack Gold and Country Club in Mandaluyong, Mr. Arroyo told him to “back off” from the national broadband deal.

“Strangely, with all the powers of the State, and the political capital of the De Venecias, the Prosecution has been unable to produce a single witness to corroborate this,” Mr. Arroyo’s demurrer read.

“No one will corroborate De Venecia III’s ‘back off’ claim because no one can. And no one can simply because it did not happen,” it added.

His camp further pointed out that even assuming that De Venecia’s claim was true, it does not prove the alleged conspiracy.

“But even if it is assumed that Jose Miguel did tell De Venecia III to “back off”, that proves nothing beyond the fact of the utterance. It is certainly insufficient to prove a conspiracy. For a conspiracy cannot be based on inference or conjectures,” the motion read.

On the allegation that NBN-ZTE contract was overpriced and disadvantageous to the government, Mr. Arroyo’s camp pointed out that the prosecution could not even produce before the court a copy of the contract to prove its claim.

“The prosecution has not proven the existence of the alleged ZTE Contract. Worse, none of the State’s witnesses have actually seen it…As there is no juridical contract that may be scrutinized by this Honorable Court against graft standards, this prosecution must obviously fail,” the demurrer read.

The Fourth Division has also recently permitted Mrs. Arroyo and Abalos to file their respective demurrer to evidence to seek the dismissal of the case on the ground of the prosecution’s alleged weak evidence.

Mrs. Arroyo and Abalos have yet to submit their respective demurrer as of posting time. —KBK, GMA News