MANILA, Philippines -- A lawyer and complainant in the Ombudsman’s probe of the allegedly anomalous NBN-ZTE deal has asked the head of the investigation panel to inhibit himself from the inquiry.
In an omnibus motion, lawyer Ernesto Francisco Jr. said Overall Deputy Ombudsman Orlando Casimiro junked the graft charges against election officials in the controversial P1.3 billion poll automation deal in 2006, and that this was a "compelling reason" for Casimiro to inhibit himself.
Last October, Francisco asked the Ombudsman to investigate Jose Miguel Arroyo, the husband of President Gloria Macapagal-Arroyo, and former Commission on Elections Chairman Benjamin Abalos Sr. for their alleged involvement in the NBN-ZTE deal and to secure the records of the Senate investigation.
In Wednesday’s motion, Francisco said Casimiro's past conduct, particularly his handling of the controversial automation contract that the Comelec awarded to the Mega Pacific Consortium, has created doubt about his capability to act judiciously and with fairness and impartiality.
He said Casimiro had chaired the investigative panel that conducted public hearings on the issue and subsequently cleared all the Comelec officials, including Abalos, despite a report from the Ombudsman's field reporting officer recommending that the Comelec officials be held liable.
The Supreme Court voided the award of the P1.3-billion automation contract with Mega Pacific. A Senate probe report also implicated Comelec officials in the allegedly irregular deal.
In his motion, Francisco also asked the Ombudsman investigative panel to suspend its inquiry into the NBN-ZTE deal until after the Senate terminates its own investigation.
"The Ombudsman's public hearing is just meant to divert the attention of the public from the Senate investigation," he said in a phone interview.
On Monday, the Office of the Ombudsman held the first public hearing on the seven complaints filed as early as August 2007 on allegations of bribery and overprice in the NBN project.