NBI says Cedric Lee and Zimmer Raz, suspects of serious illegal detention case filed by Vhong Navarro, will be temporarily jailed at their detention facility.
PHOTO courtesy of CECIL VILLAROSA (DZBB)
MANILA, July 3 (Mabuhay) – Businessman Cedric Lee on Friday appeared before the Sandiganbayan Third Division to ask the anti-graft court to defer the issuance of an arrest warrant against him for his graft and malversation cases.
In a short hearing, Lee, represented by his legal counsel Jay Ricardo Moreño, reiterated in open court his plea to defer the issuance of the arrest warrant until the court resolves his motion for judicial determination of probable cause.
“Without hearing the side of the accused-movants, this Honorable Court cannot properly and judiciously determine probable cause for the issuance of a warrant of arrest. As such, the elementary rule of procedure would dictate, that there is no basis for this Honorable Court to immediately issue a warrant of arrest,” Moreño said reading a portion of Lee’s motion filed on Tuesday.
In his “motion for judicial determination of probable cause/deference of issuance of arrest order,” Lee said the Office of the Ombudsman deprived him of due process when it issued the resolution ordering the filing of graft and malversation charges against him and Mariveles, Bataan Mayor Angel Peliglorio Jr.
The cases which were formally filed by the Ombudsman before the Sandiganbayan last week stemmed from the alleged anomalous release of some P23 million local funds of Mariveles to Lee’s construction firm Izumo Contractors Inc. for the supposed construction of a public market.
The Ombudsman said that based on its investigation, the fund was released to Izumo “even without procedural safeguards and guarantee of performance,” and that the project has “never commenced.”
Moreño reiterated their argument in the motion that his client was not given a chance to submit his counter-affidavit and counter evidence when the Ombudsman conducted its investigation on the complaint.
The graft and malversation complaint came from Peliglorio’s political rival, incumbent Mariveles Mayor Jesse Concepcion.
“Accused-movant categorically states that he has not personally received any Order from the Office of the Ombudsman commanding him to submit a counter affidavit in the above captioned case…More importantly, he was not furnished a copy of the complaint affidavit,” Lee’s motion read.
Moreño also reiterated his client’s claim that the Mariveles government has only paid Izumo the amount of P16.540 million though under the Memorandum of Agreement (MOA) for the project, the local government was supposed to pay his company a total of P24 million.
Moreño said his client’s company was also able to deliver to Mariveles government all the services specified in the MOA though the actual construction of the market has not commenced.
Among these services, Moreño said, included hydrological study, geological study, architectural design, detailed engineering design, soil sampling, topography profiling, and bankable comprehensive feasibility study. He said the results of all these studies were turned over by Izumo to Mariveles government even and to the bank that approved the release of the local government funds for the project.
“It is worth stressing that all of the reports of the studies done were properly turned over to the concerned LGU and the bank by Izumo as this is a prerequisite for the bank to approve the LGU loan. This did not come free because of the cost of intellectual property rights,” Lee’s motion read.
Chat with Napoles
Wearing a light green polo and black slacks, Lee was seen having a light conversation with businesswoman Janet Lim-Napoles, the alleged mastermind of the pork barrel scam.
Napoles was present before the Third Division for the hearing of her petition to post bail for plunder case in connection with the pork scam.
Lee immediately left the court room after the hearing of his motion, refusing to grant an interview with the media. He neither posted any bail bond for the cases against him.
In a chance interview after the hearing, Moreño maintained that they have strong evidence to prove Lee’s innocence.
“He was really deprived of due process kase hindi sya binigyan ng opportunity to submit counter affidavit. Kaya nga we are asking the court for re-investigation,” Moreño said.
“With the evidence we have I’m confident na madi-dismiss ang case against him,” Moreño added.
On Thursday, the Third Division issued a hold departure order against Lee and Peliglorio directing the Bureau of Immigration and Deportation to bar them from leaving the country and to include their names in the bureau’s hold departure list.
The court, however, has yet to issue an arrest warrant against neither of the accused. (MNS)