Medialdea in touch with Napoles camp
It was Executive Secretary Salvador Medialdea who had told the camp of “pork barrel scam” mastermind Janet Lim Napoles to file before the Sandiganbayan a motion to transfer custody to the Department of Justice (DOJ) under its the Witness Protection Program (WPP) last February 27.
This is what Napoles’ lawyer, Stephen David, told the Sandiganbayan Third Division during yesterday afternoon’s hearing. “There was a discussion with the Executive Secretary that the DOJ shall take custody of Mrs. Napoles. Because of that, I sought to write on the matter,” he told the anti-graft court.
Currently, Napoles is detained at Camp Bagong Diwa in Taguig City, which is being managed by the Bureau of Jail Management and Penology (BJMP).
“Is it your position that it becomes a ministerial duty for the court to approve the transfer?” Presiding Justice Amparo Cabotaje-Tang questioned David. “It is my belief,” Napoles’s lawyer replied.
When asked to differentiate regular and provisional WPP, David explained there really is no difference because of the memo signed by the DOJ.
When asked why Napoles’ case reached the office of the Executive Secretary, David said it was important for them to meet in Malacanang because they needed instruction from the executive department.
“Because we are in a situation where we don’t know what to do, is she being immediately taken out of the facility, or shall we file a motion? That’s why we have to consult people in authority as to what to do,” he said. Duterte had no hand in WPP However, Malacañang reiterated that the President had no role in the decision of the DOJ to place Napoles under the WPP.
Presidential Spokesman Harry Roque made the statement after Justice Secretary Vitaliano Aguirre II confirmed that Napoles has been placed under the provisional coverage of the WPP.
Roque, in a press briefing in Camarines Sur yesterday afternoon, said the President relies on the DOJ on this matter as he is not a micromanager.
“Pagdating naman po dito sa Witness Protection, ang problema, ang Presidente hindi po micromanager (When it comes to the WPP, the problem is the President does not micro- manage),” Roque said.
“Nakasaad po sa batas na ‘yung desisyon kung sino ang papapasukin sa WPP, nakasalalay po yan sa mga prosecutors ng DOJ. Meron po tayong batas na sinusunod diyan (The law states that the decision on who to admit in the WPP relies on the DOJ prosecutors. We have a law that we follow),” he added.
The Palace official explained that Duterte is letting the DOJ decide on the matter because it is the agency’s mandate. ‘No provisional admission in WPP’ Special Prosecutor and former Presiding Justice of the Sandiganbayan, Edilberto Sandoval, said during the First Division hearing yesterday morning that “there’s no such thing as a provisional admission to the WPP.”
For Sandoval, either Napoles is really admitted to the WPP or not at all. “How long can it be? 10 years?” he questioned.
But Napoles lawyer, David, argued that provisional admission is “discretionary” so “they are vetting affidavits and it will be final then.”
“There is frequent coordination with the DOJ and Napoles, so we want her to be near,” he added.
When asked if there was any coordination made between the Office of the Ombudsman (OMB) and the DOJ regarding Napoles’ WPP status, David confirmed there was none. The lawyer explained that it was their agreement with the DOJ that they would be the one filing the motion for transfer.
Sandiganbayan First Division Chairperson Efren de la Cruz and Associate Justice Geraldine Faith Econg then directed David to ask someone from the DOJ to attend Napoles’ hearing on Tuesday.
At the same time, the prosecution was given 10 days from today to submit their written comment regarding Napoles’ request for transfer.