MANILA — The Sandiganbayan 5th Division has denied alleged pork barrel scam queen Janet Lim Napoles' appeal for an acquittal in a plunder case involving former APEC party-list representative Edgar Valdez.

In a resolution of the court promulgated on August 8, 2023, the motion for reconsideration of Napoles was denied for lack of merit.

Napoles sought the reversal of the July 4, 2023 resolution of the court that denied the admission of her belatedly filed memorandum which also mentioned Transcript of Stenographic Notes or TSNs on the testimony of whistleblower Benhur Luy.

"After a careful examination of the issue at hand, we are not persuaded to take judicial notice of the TSNs pertaining to the cross-examination of witness Benhur Luy by accused’s counsel," the court said in the resolution penned by Associate Justice Maria Theresa Mendoza-Arcega, with the concurrence of Division Chairperson Rafael Lagos and Associate Justice Maryann Corpus-Mañalac.

In the earlier testimony of Luy in the related graft cases also involving Napoles and Valdez, the kickbacks supposedly given to Valdez did not come from the Priority Development Assistance Fund (PDAF).

Napoles, through her lawyer, noted that the alleged kickbacks did not come from checks issued by the Department of Budget and Management and that she should be acquitted of the crime of plunder.

"After due consideration, the court finds no cogent reason to overturn its previous ruling," the court said.

• Sandiganbayan refuses to admit Napoles’ motion for acquittal in plunder case

Watch more News on iWantTFC