LOOK: Napoles all smiles after reversal of misfortune
Janet Lim Napoles (center with shades on head) steps out of the Sandiganbayan building Wednesday morning. MARC JAYSON CAYABYAB
Accused pork barrel scam mastermind Janet Lim-Napoles was all smiles a few days after she was acquitted in her serious illegal detention case of whistleblower Benhur Luy.
Napoles was at the Sandiganbayan Wednesday morning for the signing of the pre-trial order in her plunder case with former Apec Rep. Edgar Valdez.
A court staff went down to the Bureau of Corrections ambulance for Napoles to sign the pre-trial order.
Swat teams heavily secured Napoles, who only stepped out of the vehicle for a bathroom break shortly before noon.
Napoles looked radiant and was all smiles as she bowed to hide her face from the glare of the cameras.
A smiling Janet Lim Napoles (top, background) is escorted by Bureau of Corrections officers when she went to the Sandiganbayan Wednesday, May 10, 2017. MARC JAYSON CAYABYAB
Dressed in a striped blue blouse, a stark difference from her usual orange shirt attire for convicts, Napoles had her sunshades up. Her hair was made.
The alleged scam mastermind didn’t wave to reporters, but she looked giddy as she smiled to herself refusing to respond to questions.
When she was back inside the vehicle, Napoles could be seen from behind the tinted windows smiling and waving to the media before the ambulance took off.
Napoles has a reason to be giddy – she had a reversal of misfortune after the Court of Appeals (CA) cleared her of being convicted for the serious illegal detention of her finance officer Benhur Luy, who is the star witness in the multiple plunder cases involving Napoles’ alleged scheme of pilfering kickbacks from lawmakers’ Priority Development Assistance Funds (PDAF).
READ: Napoles acquitted in Luy serious illegal detention case
Napoles’ alleged illegal detention of Luy to prevent him from spilling the beans is central in Luy’s testimony before the Sandiganbayan, where he testified that he kept records of the purported commissions for lawmakers in cahoots with Napoles.
Napoles was earlier convicted by the Makati Regional Trial Court and sentenced to life imprisonment for detaining Luy for three months over suspicions he was starting his own scam behind her back and stealing money from her.
But the appellate court’s 12th division reversed the conviction and said the state prosecutors failed to present evidence to show that Napoles was behind Luy’s detention at Bahay ni San Jose, a retreat house in Magallanes Village in Makati.
Janet Lim Napoles (right) is partially visible from inside the Bucor ambulance that took her to the Sandiganbayan on Wednesday, May 10, 2017. MARC JAYSON CAYABYAB
Luy appeared not to show any signs of being coerced while in the retreat house, the court said, adding that Luy even resisted the NBI operation that rescued him.
“Despite the fact that Benhur called and updated his family from time to time, he never mentioned anything about being detained forcefully. In several instances, he even met with his family and yet never showed any sign that he was being kept in Bahay ni San Jose against his will,” the appeals court said.
“The prosecution failed to satisfactorily explain the resistance of Benhur Luy to the rescue operation, which, to our mind negates the claim of serious illegal detention,” the CA added.
The CA ruled in favor of Napoles after Solicitor General Jose Calida filed a manifestation in lieu of rejoinder to the appellate court recommending Napoles’ acquittal.
Calida said the element of deprivation of liberty is absent and wanting in the case, and that justice should be served on the alleged scam mastermind.
“After examining anew the evidence presented by both the prosecution and defense, the OSG (Office of Solicitor General) finds that the evidence presented does not support beyond reasonable doubt that the appellant committed the crime of serious illegal detention,” the manifestation read.
READ: SolGen Calida moves to acquit Napoles in illegal detention of Luy
Napoles’ misfortune seemed to have a reversal during the administration of President Rodrigo Duterte, whose supporters include known Napoles lawyers Bruce Rivera and Stephen David.
David’s wife Lanee is appointed by Duterte as deputy commissioner at the Bureau of Internal Revenue. CBB
READ: Lawyers, Duterte, Napoles: What gives?
