One more witness denies knowing, transacting with De Lima | ABS-CBN

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One more witness denies knowing, transacting with De Lima

One more witness denies knowing, transacting with De Lima

Mike Navallo,

ABS-CBN News

 | 

Updated May 30, 2022 10:41 PM PHT

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Senator Leila DeLima attends her hearing at the Quezon City Regional Trial Court on Friday, June 22, 2018. Jonathan Cellona, ABS-CBN News/file
Senator Leila DeLima attends her hearing at the Quezon City Regional Trial Court on Friday, June 22, 2018. Jonathan Cellona, ABS-CBN News/file

MANILA — Another witness admitted in open court Monday that he does not know and did not have any transactions with detained Senator Leila de Lima, the senator’s lawyer said.

Speaking to the media after a bail hearing at the Muntinlupa regional trial court, Atty. Boni Tacardon said two significant developments came out of the continuation of the cross-examination of prosecution witness Joel Capones.

“Una is inamin niya sa kanyang cross-examination na wala siyang transaksyon at hindi niya kakilala si Senator Leila de Lima and kung meron man siyang transaksyon hinggil sa illegal na drug trade, ito ay kay Jaybee Sebastian lang,” Tacardon said, referring to the late convict Jaybee Sebastian.

“Noong tinanong siya noong direct examination, sabi niya, nakita niya na may inabot na pera daw si Jaybee Sebastian. Pero noong tinanong uli namin yun noong cross-examination, ang exact words na sinabi niya is, ‘Anong pera?’ So I would leave that to you kung anong ibig sabihin niya nun,” he added.

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Capones, who first testified in February last year, initially claimed he remitted P1.4 million in drug money to Sebastian on March 5, 2014 inside Sebastian’s “kubol” or hut at the national penitentiary and later saw then-Justice Secretary De Lima.

De Lima’s legal team questioned his testimony saying Sebastian never spoke of a 1.4-million transaction in any of his affidavits before his sudden death at the national penitentiary in July 2020, supposedly due to COVID-19.

“Ang masakit nga lang d'yan, dahil namatay na si Jaybee Sebastian, wala nang makakapagsuporta tungkol sa transaksyon niya sa sinasabi niyang transaksyon niya hinggil sa illegal na droga,” Tacardon said of Capones’ claim.

Government prosecutors previously said Sebastian pleaded guilty to the conspiracy to commit illegal drug trading in the case where De Lima is co-accused but did not live long enough to testify.

But prosecutor Darwin Cañete was quick to dismiss supposed loopholes in the testimony of Capones.

“As far as we are concerned, the witness testified well,” he said.

“Well kami, positive kami, ang outlook namin sa kanyang testimony. Now the appreciation is up to the court,” he added.

Both the prosecution and the defense consider Capones’ testimony significant because he is the only witness so far to have openly admitted to being involved in the illegal drug trade.

De Lima tried to file drug raps against Capones over his admission but prosecutors junked her complaint.

Capones is the prosecution’s 6th witness against De Lima in the bail hearing.

The senator is trying to secure temporary liberty in the non-bailable charge of conspiracy to commit illegal drug trading by showing the evidence against her is not strong.

Two more witnesses — Herbert Colanggo and Jojo Baligad — are expected to be presented in the next hearing on June 13.

They were present in court on Monday but were not able to testify.

All three witnesses — Capones, Colanggo and Baligad — left the Muntinlupa court Monday after refusing to comment on the issue.

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Meanwhile, an upbeat De Lima left court raising her trademark open palm claiming, “Another good day!”

Detained since 2017, De Lima has been fighting drug charges which she calls “political persecution.”

One of the 3 drug cases against her was dismissed in February last year.

Three other witnesses have so far recanted allegations against her.

In April, self-confessed drug lord Kerwin Espinosa took back all his allegations against De Lima during a 2016 Senate hearing that he gave a total of P8 million in drug payoffs to De Lima when the latter was Justice Secretary, through her former driver, Ronnie Dayan.

A few days later, former Bureau of Corrections OIC Rafael Ragos also recanted his testimony in court that he personally delivered P10 million of alleged drug money to Dayan at De Lima’s house in Parañaque, accusing former Justice secretary Vitaliano Aguirre II of pressuring him to testify against De Lima.

Aguirre has denied the claim.

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In mid-May, Dayan testified in his defense that no delivery of drug money to De Lima’s house ever happened.

He also recanted his earlier testimony before the House of Representatives that he supposedly received drug money from Espinosa.

He accused the late Rep. Rey Umali, then the House Justice committee chair, of forcing him to testify against De Lima and to sign an affidavit which Umali’s lawyer allegedly prepared.

De Lima has moved to dismiss 1 of her 2 pending drug cases by submitting Ragos’ affidavit in court.

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