Zaldy Co lawyer believes Ombudsman has 'pre-judged' the case

The lawyer of former Ako-Bicol Party-List Zaldy Co on Wednesday said he believes that the Office of the Ombudsman has pre-judged the case against his client over alleged ties in supposed anomalous flood control projects.

“My thinking is the Ombudsman has already pre-judged this case. And this is bolstered by the statements of (DPWH) Secretary Vince Dizon, who said 60 people will be in jail before Christmas,” Ruy Rondain, Co’s lawyer, said in a briefing.

“Under these circumstances, there’s really no tactical benefit to filing a counter-affidavit. So the answer is, at this time, the way things are going, no, he does not intend to file a counter-affidavit,” he added.

GMA News Online has reached out to the Office of the Ombudsman for comment but they have yet to reply as of posting time.

The Independent Commission on Infrastructure (ICI), meanwhile, disputed the claims made by Co's lawyer. 

“As far as the ICI is concerned, whenever we make our referrals, it is based on our evidence gathering. It’s based on the facts that we’ve accepted or probably discovered. As you’ve seen in our referrals it’s all there,” said ICI executive director Brian Hosaka.

Co, who went abroad for medical reasons, has yet to return to the country amid the ongoing investigation into budget insertions and flood control projects.

ICI has filed a referral to the Ombudsman seeking graft, malversation, and falsification charges against Co and other Department of Public Works and Highways officials over their alleged links to the road dike project along the Mag-Asawang Tubig River in Naujan, Oriental Mindoro.

Assistant Ombudsman Mico Clavano said that Co has yet to answer allegations on his alleged involvement.

However, Rondain said he does not consider this a complaint.

“When I say complaint, I mean something that has been sworn to under oath. And the only thing I've heard is the ICI has referred its tentative findings to the Ombudsman. I don’t think it’s under oath, so I don’t think that was a complaint,” he said.

Rondain said that under the rules of the Ombudsman, the office is required to ask the witnesses to swear to it. 

“I don’t know what he’s supposed to answer,” he said.

Rondain also claimed that the narrative against his client has become “skewered” and “twisted” due to supposed misinformation from “interested persons in the cases.” 

Denial

The lawyer also denied that cash deliveries were delivered to Co’s house amid claims made in a previous senate hearing on alleged anomalous flood control projects. 

“Now, if you’re asking me whether or not there were deliveries to Mister, to Representative Co at any time, no. Categorical,” he said.

He was asked about the testimony of surprise witness Orly Guteza, a man who identified himself as Co’s former aide, before the Senate Blue Ribbon Committee.

Guteza claimed that he personally delivered several luggage containing money to the residences of Co and former speaker Leyte Rep. Martin Romualdez. 

According to Rondain, he only heard about Guteza during the hearing.

Threats to life

Co's lawyer also said that there are threats to the former lawmaker’s life, citing posts against him on social media.

“Look around you. Ang dami. It’s all over social media. I’m not tech savvy at nakikita ko everyday yung threat sa kanya. Isabit na ‘yan, bitayin na ‘yan,” he said.

Rondain said he personally feared vigilante violence.

Meanwhile, asked if Co would be willing to attend any Senate investigation, Rondain said he will attend hearings "as soon as the threat to his life is abated."

He also said that he has no information on Co’s current whereabouts.

“I do not know where he is because I never asked him where he is. It’s not relevant for his defense and I never asked because I don’t want to have to lie to any of you when you ask that question,” he said. —VAL, GMA Integrated News