“Am I open to using her (Napoles) as a state witness? That would depend if our evidence is not strong. As far as I’m concerned, our evidence is strong,” Morales said in an exclusive interview aired on GMA News’ “24 Oras” Friday evening.
Morales, however, did not categorically say she is against having Napoles turn state witness.
“I did not say I don’t need her, I say it depends,” Morales said.
Napoles is among 38 people facing plunder complaints before the Office of the Ombudsman in the first batch of cases submitted by the Department of Justice (DOJ) over the pork scam.
On April 1, the Office of the Ombudsman announced that it found probable cause to file plunder charges before the Sandiganbayan against Napoles, Senators Juan Ponce Enrile, Jinggoy Estrada and Ramon Bong Revilla Jr. as well as several officials of government agencies and non-government organizations (NGOs) for their alleged participation in the pork barrel scam.
The Office of the Ombudsman based its decision on the testimonies of the whistleblowers especially of Benhur Luy and provisional state witness Ruby Tuason as well as the 2007-2009 audit reports of the Commission on Audit (COA).
Morales said that since Napoles did not file a counter-affidavit on the plunder charges filed by the DOJ, the embattled businesswoman in turn, waived her right to file a motion for reconsideration on the Ombudsman’s decision to elevate the case to the Sandiganbayan.
“She did not file any counter-affidavit, so, anong side niya ang papakinggan ko? Wala. She waived her right to file a counter-affidavit by not filing any, then what motion for reconsideration are we going to talk about?” Morales said.
Asked if Napoles will remain an accused before the Sandiganbayan, Morales answered: “Logically”.
On Tuesday, Justice Secretary Leila De Lima announced that Napoles has already promised to come clean and tell all that she knows on the pork scam.
De Lima said Napoles’ camp wants the businesswoman to be put under the government’s Witness Protection Program in exchange for her statements.
However, the final decision on whether to allow Napoles to be a state witness, lies with the Office of the Ombudsman.
Napoles is believed to be the mastermind behind the P10-billion pork scam. Several lawmakers allegedly funneled their Priority Development Assistance Fund (PDAF) – commonly known as pork barrel fund – through NGOs connected to Napoles. — Elizabeth Marcelo/JDS, GMA News
