Napoles didn't want paper trail: lawyer
MANILA – Businesswoman Janet Lim Napoles did not include some names in her affidavits on the pork barrel scam because she lacks documentary proof of the transactions, her lawyer confirmed Tuesday.
Speaking to radio dzMM, lawyer Bruce Rivera said Napoles did not maintain an organized record of all the pork barrel transactions from the very start because doing so would only leave a paper trail.
However, he also said Napoles is still in possession of several documents, such as vouchers, that will corroborate the contents of her affidavit and prove the involvement of lawmakers and officials she has implicated in the pork barrel scam.
''Hindi naman kasi ito legal na transaction na ire-record mo. Hindi naman ito ganon. Kasi ang iniisip mo kung mabuking, eh 'di mas lalong madaling hanapin,'' he said.
''Wala namang systematic recording kung ganon ang mga transaction. Alam niya na ganon. Pero meron kaming listahan na mga proof, na mga vouchers, deposits sa transactions."
Rivera said Napoles confirmed transacting with several lawmakers about their PDAF but decided not to include their names on her list because she has no record of the transactions.
''Hindi iyon parang systematic na pagkagawa. In fact mga papel-papel lang iyon na over time inano namin. Kaya nga medyo nahihirapan kami paminsan-minsan. Minsan may nami-miss kami, at saka minsan hindi talaga nare-record ang transaction,'' he said.
''Kaya meron kaming hindi nailagay na pangalan dahil, sa ganang amin, hindi namin kayang i-prove na may transaction… Hindi na lang namin inilagay."
Napoles is accused of conniving with lawmakers and officials of implementing agencies to funnel billions of pesos in priority development assistance funds to non-government organizations she set up. At least P2 billion in PDAF went to Napoles NGOs from 2007-2009, according to a Commission on Audit report.
In her expanded affidavit submitted to the Department of Justice (DOJ) last May 26, Napoles tagged incumbent senators Juan Ponce Enrile, Jinggoy Estrada, Gringo Honasan, Lito Lapid, Loren Legarda, Ferdinand Marcos Jr., Aquilino Pimentel III, Ramon Revilla Jr., Vicente Sotto III and Cynthia Villar in the pork barrel scam.
She also included eight former senators on her list: the late Robert Barbers, Rodolfo Biazon, Loi Ejercito, Robert Jaworski, Ramon Magsaysay Jr., Tessie Aquino Oreta, Aquilino Pimentel Jr. and Manuel Villar.
No red book
Rivera also denied that his client is in possession of a ''red book,'' which pork barrel scam private complainant Levito Baligod earlier said contains records of the businesswoman's PDAF transactions.
Rivera said that while Napoles is in possession of several vouchers and documents that would back her affidavit, the businesswoman never recorded her PDAF transactions in the so-called red book.
''Wala kaming ganong ebidensya, na red book. Kung gusto nila gagawa na lang kami ng red book. Eh wala eh. Ilang beses ko ng tinanong, sabi ni Ma'am Janet, 'Bakit red book? Bakit magdadala ako ng pulang libro talaga?'" Rivera said.
''Mga papel kasi iyon na cinompress, mga files. Hindi nga iyon naka-notebook kasi hindi nga siya mahilig na magdala ng notebook."
While Luy has his own digital records of the allegedly illegal PDAF transactions - copies of which are now with the National Bureau of Investigation and the Senate – he and other pork barrel scam whistle-blowers were not able to see the contents of the supposed red book, according to Baligod.
Rivera, meanwhile, said Napoles prefers to submit her documents to the courts. He added some documents, such as bank records, can only be obtained through the help of the court.
Rivera also shared that Napoles is scared of not being admitted as a witness in the pork barrel cases because of questions about her sincerity and the truthfulness of her affidavit.
''Ang sinasabi ni JLN, 'Ano naman ang proteksyon kapag sinabi ko yan?''' he said.
''Iyung naibigay na testimonya, marami na siya nakalaban non. Eh paano kapag ibinigay na niya lahat? Natatakot siya sa idea na ganoon."
Rivera said he has yet to discuss with Napoles the DOJ's request for them to turn over the files that will support her affidavit.