De Lima hit DOJ's refusal to transfer 11 inmate-witnesses from Sablayan to NBP
By J.Lo
"Until very last moment, this agency which I also led for five years opposed my application for bail, despite its willful and deliberate use of manufactured evidence and perjured witnesses just to sustain Duterte's persecution cases against me," Former Sen. Leila De Lima, who was also former justice secretary, said in statement posted on X reacted to Department of Justice's (DOJ) refusal to transfer 11 inmate-witnesses on her last drug case.
In statement, she said DOJ's remark shows justice department's "continuing attempt to stand by its former secretaries.
This statement was issued a day after DOJ discouraged transfer of inmate-witnesses saying that they are convicted felons and emphasizing recantation does not warrant "reward."
"DOJ wants to prevent them from testifying again in court on their recantations to stop identification of DOJ officials who played crucial role in forcing them to lie & fabricate evidence in my cases," she said.
Muntinlupa Regional Trial Court Branch 206 approved transfer of the 11 inmate witnesses from Sablayan Prison Camp to New Billibid Prison in Muntinlupa City.
Among 11 witnesses are four persons deprived of liberty prosecution also recommended being transferred for "smooth and easy access." DOJ raised concern over this, questioning credibility of witnesses.
De Lima, meanwhile, remarked DOJ supported inmate-witnesses when it served their agenda but is now discrediting them, labeling them as convicted felons, and questioning credibility of their recantations.
"DOJ also says these are not ordinary witnesses, but convicted felons. ..that is what we've been telling DOJ since Day One…as convicted felons, they're not ordinary witnesses, but they are also disqualified from testifying as state witnesses under Witness Protection Law," De Lima said in her statement.
It can be recalled one of the witnesses include former Bureau of Corrections officer-in-charge Rafael Ragos who recanted his testimony against De Lima in April 2022. He said that former justice secretary Vitaliano Aguirre coerced him to testify against former senator. Aguirre denied all accusations of Ragos.
On November 26, Court of Appeals (CA) reversed Ombudsman's dismissal of De Lima's complaints against Aguirre and former justice secretary Menardo Guevarra over use of convicted criminals as state witnesses in her drug cases.
CA said Ombudsman had committed grave abuse of discretion when it dismissed complaints based on "inapplicable exemptions."
Meanwhile, DOJ spokesman Assistant Secretary Mico Clavano reacted to De Lima's remark and said DOJ is just doing " right thing."
"We are only doing what we think is the right thing to do. Nothing more, nothing less," he told media.
In her statement, De Lima also argued inmate-witnesses are under jurisdiction of Muntinlupa RTC as they are witnesses in pending case before it.
"RTC of Muntinlupa clearly has jurisdiction over these inmates for simple reason they are witnesses in case pending before it and that it is in the interest of administration of justice that court is assured they are safe & free in their testimony," De Lima, who served as DOJ secretary from 2010 to 2015, said in her statement.
DOJ said Bureau of Corrections (BuCor) holds jurisdiction over "custody and management" of inmate-witnesses.
"Sa tingin ng department, yung authority, custody nitong mga witnesses ay nasa BuCor dahil before they were witnesses, they were convicted felons and karamihan diyan ay naconvict of heinous crimes," Clavano said in Zoom press briefing with reporters.
Clavano also said DOJ is looking into legal steps to hold inmate-witnesses in Sablayan.
In response, De Lima said DOJ should prioritize in protecting truth and not concealing it.
"Hindi dapat matakot ang DOJ sa ibubulgar ng mga inmate-witnesses na dati na nilang ginamit para maipakulong ang isang inosenteng tao nang halos pitong taon…katotohanan ang dapat una nitong itinataguyod at pinoprotektahan, hindi ang pagtatakip nito," De Lima said.
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