MANILA - Businesswoman Janet Napoles has been complaining about pain days before she was rushed to the hospital early Thursday due to stones in her ureter, Atty. Lorna Kapunan said.
Kapunan insists her client is not inventing her ailment just to avoid appearing in the Senate inquiry on the pork barrel scam on November 7.
"You can never satisfy the public, they will always think what they want to think. Ito naman ay facts. It can be verified by her own doctor together with the Senate doctor," she said.
"Mahirap imbentuhin ang bato sa bladder kasi makikita yan ng x-ray o ng machine. Plus the fact that there is a Senate doctor, if assuming she says she is not well enough, a Senate doctor can be sent to clarify," she added.
Kapunan said if they had their way, the only place where Napoles will testify is at the Ombudsman where she has a pending complaint for plunder in connection with the pork barrel scam.
She said Napoles has told her that she does not want to attend the Senate inquiry.
However, if Napoles will be forced to go to the Senate, Kapunan said the businesswoman will avail of her right to remain silent and her right against self-incrimination.
Kapunan said their biggest concern is the Senate hearing turning into a circus.
"We understand the whistleblowers will be there. It's going to be a 'he said, they said, we said.' I don't think this is appropriate because if it is a Senate inquiry in aid of legislation, what can a Mrs. Napoles do in aid of legislation?" she asked.
"Do you need a Mrs. Napoles to point to the legislation what to do with the fund? If she will name names, the lawmakers will say prove your case in the Ombudsman," Kapunan said.
"This is going to be a farce. We heard one senator will ask her about her coal business in Indonesia, o bakit ang dami-dami nyang pera and if she will invoke her right to be silent, it will be taken against her," she said.
"How will it help or in aid of legislation? For instance, if it's ill-gotten wealth or hidden wealth or unexplained revenues of some business somewhere, that is the subject of a BIR inquiry or a BIR case," Kapunan explained.
Napoles is prepared to tell the truth but only in the proper venue, her lawyer said.
"You want to know who's culpable or who should be accountable? You want her to name names? You want her to say saan niya dinala yung pera? She will say it but not in front of the Senate but before the proper venue and before the proper body which is the Sandiganbayan," she added.
Kapunan said at this point, Napoles is more anxious about her bail hearings in connection with her serious illegal detention case.
She also revealed her client has been taking more tranquilizers at night because she has difficulty sleeping.
Kapunan said they have a standing request with the courts for Napoles to have a companion at night.
"It is not special treatment to help her maintain her sanity her state of mind to allow her a companion at night. It is simple humane treatment. It does not have to be a family member. It can be anyone, but not to have her locked in solitude. It can be traumatic for her," she said.