MANILA - The camp of plunder convict Janet Lim Napoles has insisted before the Sandiganbayan that her ongoing plunder case with former senator Jinggoy Estrada be dismissed outright, without the need to present new evidence.
In a supplemental motion for reconsideration, Napoles said government prosecutors handling the Priority Development Assistance Fund (PDAF) scam case failed to prove the elements of the crime of plunder.
“All the evidence of the prosecution, taken together as shown herein-above, still fail to identify the main plunderer, an essential element of the crime of plunder as held in the Gloria Macapagal Arroyo case,” Napoles said through her lawyers.
The anti-graft court has denied the demurrer to evidence filed by Estrada and Napoles this June, ordering the two accused to present their own evidence to counter the evidence presented by the prosecution.
The court stated in its decision that if the prosecution evidence remain unrebutted, there is sufficient reason to convict Estrada and Napoles.
The supplemental motion was filed by additional lawyers of Napoles from Garay Cruz and Associates.
Napoles was initially represented by David Cui David Buenaventura law firm, which filed the first motion for reconsideration, which has also sought the outright dismissal of the Estrada plunder case.
Napoles was convicted by the Sandiganbayan 1st Division in relation to the PDAF scam plunder case of Sen. Bong Revilla, who was acquitted for insufficiency of evidence.