Napoles conviction bolsters Luy testimony–Ombudsman

The conviction of accused pork barrel scam mastermind Janet Lim-Napoles bolsters the testimony of principal whistleblower Benhur Luy that he was detained by Napoles due to his supposed knowledge of the scam, the Ombudsman said on Friday.

In a press conference, Assistant Ombudsman Asryman Rafanan said Napoles’ conviction by the Makati Regional Trial Court proves that Luy, Napoles’ entrusted finance officer, was indeed detained by Napoles because of fears that he might divulge what he knew.

“It will solidify the factual matters leading to the expose in the Priority Development Assistance Funds (PDAF) case,” Rafanan said of Luy’s testimony that Napoles formed bogus foundations to spend lawmakers’ pork funds into ghost projects to get kickbacks.

“It goes to show… that the reason for the serious illegal detention can be explained by (Luy’s) subsequent expose made,” Rafanan said.

But Napoles’ conviction may yet be a double-edged sword. While it confirms that Napoles detained Luy due to his supposed knowledge of the scam, it may also prove that Napoles detained Luy due to allegations that Luy was starting his own scam with lawmakers.

Witness Merlina Suñas had told the Sandiganbayan hearing the PDAF scam cases that Napoles had a falling out with Luy when she found out that Luy had been dealing with other politicians in a bid to start his own pork barrel scam.

In an offhand interview after one of the hearings, Napoles told this reporter it was Luy who actually committed the “illegal” transactions with lawmakers.

But as far as the Ombudsman is concerned, Luy as state witness is exempt from prosecution of charges related to the PDAF anomaly.

“Usually, a witness is the one embedded in the transactions… It would bolster the credibility of Luy. And with the immunity granted to Luy with respect to the PDAF transactions, I think he would tell it all,” Rafanan said.

In August 2013, Luy accused Napoles, a cousin, and her brother of illegally detaining him at Bahay ni San Jose and at the South Garden Pacific Towers in Taguig City, a Catholic retreat house in Magallanes Village, Makati City, after they reportedly found out that Luy was having separate business transactions allegedly involving lawmakers’ PDAF.

Napoles, meanwhile, claimed that Luy had volunteered to go on a three-month spiritual retreat and that he was not detained against his will.

Makati RTC Judge Elmo Alameda said in his decision that the prosecution was able to establish that Luy was illegally held captive for three months.

Napoles is now detained at the Correctional Institution for Women to serve her life sentence after the Makati court and Sandiganbayan ordered her transfer from Camp Bagong Diwa in Taguig. She faces multiple plunder, graft and malversation for allegedly masterminding the scam. AU