Napoles wants ‘Napolist’ excluded from plunder trial

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Businesswoman Janet Lim Napoles does not want her 2014 affidavits to be used as evidence against her in the multi-million pork barrel scam case.

On Tuesday, June 20, Napoles filed a motion asking the Sandiganbayan First Division to exclude her affidavits, dated May 12, 2014 and May 26, 2014, from the trial of detained senator Ramon “Bong” Revilla Jr.

Revilla is facing plunder and graft charges over the alleged misuse of his Priority Development Assistance Fund (PDAF), more known as pork barrel.

The first day of Revilla’s trial was scheduled on Thursday, June 22, with Napoles as his co-defendant.

In the said affidavits, Napoles, who is also the alleged mastermind of the scam, tagged more than 100 lawmakers she made transactions with in connection with the scam.

Citing her right against self-incrimination, Napoles requested the anti-graft court to remove the so-called “Napolist” from the prosecution’s evidence.

Likewise, she maintained that the prosecution must not present a witness to testify to the authenticity of her list.

“The presentation of the alleged affidavit dated 12 May 2014 and Sworn Statement dated 26 May 2014 would definitely violate accused’s right against self-incrimination as the affidavits contain statements and narration of facts that will incriminate the herein accused in the present case,” Napoles said.

In her motion, Napoles pointed out that she only made the affidavits to support her application as a state witness in the case.

Ombudsman Conchita Carpio Morales, however, rejected the application, pointing out that Napoles, as the alleged brain of the scam, seemed to be the most guilty in the case.

Citing Republic Act No. 6981, Napoles took note that “if a person who applied in the Witness Protection Program (WPP) was later on denied of his application in the program, any sworn statement or other testimony he executed in such application shall not be admissible.”

“The Office of the Ombudsman and DOJ (Department of Justice) denied the application of the Accused to be a state witness. Such being the case, any sworn statement or other testimony executed by the Accused in view of such application shall not be admitted in any proceeding,” she stressed.

Napoles further noted that her affidavit was only given to then-Justice Secretary Leila de Lima.

“Having said that, the authenticity of any copies of sworn statements executed by the herein accused produced by any other agency aside from the Department of Justice (DOJ) is doubtful,” she added.

Apart from Revilla and Napoles, Jinggoy Estrada and Juan Ponce Enrile are also charged with plunder and graft raps in connection with the anomaly.



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