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Napoles as state witness? It won't work, says Luy's former counsel

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ABS-CBN News

<figure class="op-interactive"><div id="IVS_ABS_Body_Video_1_Container"> <ivs-player id="IVS_ABS_Body_Video_1" data-ivs-spid="3001339" data-ivs-key="e8c22c015ca9eafa76f1e3edfa03c603" data-ivs-vid="1454171" data-ivs-floating="1"></ivs-player> <script src="https://player.ivideosmart.com/ivsplayer/v4/dist/js/iframe-parent.js"></script> <script src="https://player.ivideosmart.com/ivsplayer/v4/dist/js/loader.js"></script> </div></figure><p>MANILA - The former lawyer of Benhur Luy on Tuesday claimed there is a bid to turn alleged &quot;pork barrel&quot; scam architect Janet Lim Napoles into a state witness.</p><p>Atty. Levi Baligod said he has information that people behind the bid to make Napoles a state witness wanted to pin down certain people for allegedly participating in the scam.</p><p>&quot;May mga impormasyon ako na nakalap, at galing ito mismo sa mga maaari nating sabihin naghain kay [Solicitor General Jose] Calida na gamitin si Ginang Napoles bilang witness,&quot; Baligod told DZMM on Tuesday.</p><p>The lawyer said it is possible that government officials who had big transactions with Napoles will be the target if she becomes a state witness.</p><p>&quot;Maaari po na &#x27;yun ang nasa kaisipan ni SolGen Calida na gusto nilang puntiryahin &#x27;yung mga iba na &#x27;ala palos&#x27; na matataas na opisyal,&quot; he said.</p><p>Baligod, however, warned against using Napoles as state witness because the alleged pork barrel mastermind has a reputation of inconsistency in her statements.</p><p>He recalled Napoles claiming she owns a coal firm but could not remember the company&#x27;s name. He also mentioned Napoles denying links to the pork barrel scam even though evidence were strong.</p><p>&quot;Kung ako po &#x27;yung kakasuhan gamit si Napoles bilang witness e tuwang-tuwa po ako kasi si Ginang Napoles ay mae-establish mo &#x27;yung kahinaan niya when it comes to integrity,&quot; he said.</p><p>Baligod added that the Solicitor General can pin down their targets using the right evidence.</p><p>&quot;Kahanga-hanga po &#x27;yun na hangarin pero magagawa po &#x27;yun sa tamang pamamaraan. Marami pong matataas na senador ngayon, dating secretary of Cabinet ngayon na malalaking nakipag-transact kay Napoles,&quot; he said.</p><p>&quot;Pero maaari rin nating i-pin down sila sa tamang ebidensiya,&quot; he stressed.</p><div><strong>Baligod: CA ruling is conflicting</strong></div><figure class="op-interactive"><div id="IVS_ABS_Body_Video_2_Container"> <ivs-player id="IVS_ABS_Body_Video_2" data-ivs-spid="3001339" data-ivs-key="e8c22c015ca9eafa76f1e3edfa03c603" data-ivs-vid="1454172" data-ivs-floating="1"></ivs-player> <script src="https://player.ivideosmart.com/ivsplayer/v4/dist/js/iframe-parent.js"></script> <script src="https://player.ivideosmart.com/ivsplayer/v4/dist/js/loader.js"></script> </div></figure><p>Baligod believes the Court of Appeals(CA) only selected portions of the testimonies in the illegal detention case against Napoles in order to support her acquittal.</p><p>He said part of the ruling saying Luy was not &quot;deprived of liberty&quot; because he resisted rescue by the National Bureau of Investigation (NBI) is conflicting with recent Supreme Court rulings.</p><p>The counsel stressed the fact that his former client was threatened and made to think that if he escapes, something bad would happen to him or his family.</p><p>Baligod added that Luy was afraid despite the presence of the NBI because he also saw an NBI agent assisting Napoles before.</p><p>&quot;Ang deprivation of liberty ay maaaring by force at by fraud,&quot; he said, citing previous rulings by the high court.</p><p>&quot;We do not find the phrases &#x27;hindi ka na makakalabas&#x27; and ‘ikulong na yan’ clear and unambiguous. They do not impart a clear and evident resolution to commit the crime of serious illegal detention or order to do the same,&quot; the ruling said.</p><p>The CA also said &quot;there is no indubitable proof that Benhur was forced or involuntarily brought and confined in Bahay ni San Jose.&quot;</p><p>Instead, the court said there was enough evidence to establish he &quot;sought spiritual retreat therein,&quot; as claimed by Napoles in her defense.</p><p>&quot;Benhur attended Mass every night with the priests residing in Bahay ni San Jose. He also maintained a journal covering the period of his stay in Bahay ni San Jose which contained biblical verses and<br/>references,” the decision read, as it pointed out that &quot;[t]hese daily<br/>reflections are consistent with his religious activity.&quot;</p><p>&quot;Taken together, Benhur’s actuations are contrary to that of a person forced to stay with a religious order but are more consistent with the conclusion that he was seeking, and enjoying, too, religious retreat,&quot; the CA added.</p>

<p>The former lawyer of Benhur Luy claimed that there is a bid to turn alleged "pork barrel" scam architect Janet Lim Napoles into a state witness.</p><p> </p>

The former lawyer of Benhur Luy claimed that there is a bid to turn alleged "pork barrel" scam architect Janet Lim Napoles into a state witness.