JUSTICE Secretary Menardo Guevarra has told Sandiganbayan that alleged pork-barrel-scam mastermind Janet Lim-Napoles does not have the right to demand transfer to a safe house.
“Accused Napoles was previously granted a provisional coverage under the Witness Protection, Security and Benefit Program,” Guevarra said in a manifestation to the anti-graft court on April 16. “The same, however, does not confer upon her an actionable right to demand detention or custody under the aforesaid program.
“Her application is still pending, and the provisional coverage merely signifies that she has yet to complete all the requirements and/or that her application is still under evaluation.”
After resigned Justice Secretary Vitaliano Aguirre II granted Napoles provisional entry to the Witness Protection Program, she immediately filed motions with the Sandiganbayan to be transferred from cell in Camp Bagong Diwa and to a safe house of the Justice department.
It was later revealed that Napoles’ lawyer Stephen David didn’t even want to file a motion in the first place. He wanted his client transferred immediately and to inform the Sandiganbayan later.
But David was overruled by Aguirre and Executive Secretary Salvador Medialdea in a meeting inside Malacañang that raised questions on why a plunder defendant’s lawyer could easily get meetings with top-ranking officials.
On April 16, the Sandiganbayan’s Fifth Division denied Napoles’ motion to be transferred after the First Division denied her plea last week.
Although the Third Division is yet to rule, Napoles effectively remains inside Camp Bagong Diwa because she needs all three divisions to sign off before she could be transferred.
Aguirre had pushed for Napoles to be not just a WPP witness but also a state witness immune from suit.
Before Guevarra’s manifestation, Aguirre had sent a similar manifestation to the Sandiganbayan. Aguirre’s manifestation was sent to the court on April 6, the same day he tendered his resignation to President Rodrigo Duterte.
Guevarra said he had not met with Napoles’ lawyers.
“Why would I?” he said.