Dismissal of NBN-ZTE cases by Ombudsman feared

The inaction of key witnesses to affirm their testimonies on alleged anomalies in the botched $329-million national broadband network project may prompt the Office of the Ombudsman to dismiss all criminal charges filed in relation to the bribery scandal.

Lawyer Ernest Francisco Jr., one of the complainants in the criminal cases of the NBN controversy, expressed apprehension yesterday after witnesses Jun Lozada and Jose de Venecia III failed to affirm their testimonies on the NBN controversy within the period set by the investigating panel of the anti-graft body.

Francisco is concerned that Lozada’s lawyers have not acted on the Ombudsman’s order to submit an affidavit affirming his client’s testimony at the Senate inquiry for the preliminary investigation on the seven NBN-related cases to proceed.

“I hate to say this but the problem is that his (Lozada’s) lawyers cannot decide on what to do or how to go about it. I just don’t know if they realize that their inaction might give the Ombudsman an excuse to dismiss the cases filed on the NBN-ZTE scam,” he told The STAR.

“I have been trying to reach his lawyers for the past two weeks. I’ve learned that Leah Navarro of the Black and White Movement also asked them to coordinate with me but I was not getting any definite response,” the lawyer said.

Francisco added that the lawyer of De Venecia is also taking a longer time to review the transcript of his testimony, but at least takes initiative to coordinate with him, unlike Lozada’s lawyers.

Francisco, a complainant in one of the four NBN-related cases where First Gentleman Mike Arroyo was named respondent, reiterated that affirmation of testimonies of witnesses in the bribery scandal is crucial in the cases.

He believes their statements alone would suffice for the Ombudsman to forward the charges to the Sandiganbayan.

The camp of Mr. Arroyo had already denied the accusations in relation to the NBN deal. His lawyer Ruy Rondain said the charges were “mere hearsay” as they were not supported by concrete documentary evidence.

The investigating panel led by Deputy Ombudsman Emilio Gonzales III ordered the affirmation of the testimonies before the preliminary investigation resumes today.

Only Engr. Dante Madriaga complied with the deadline for affirmation of testimonies set by the panel. He submitted his affidavit last June 5.

In his affidavit, Madriaga reaffirmed his earlier testimony on the involvement of the Presidential Couple in the supposedly anomalous deal with Chinese ZTE Corp.

As technical consultant to the NBN deal, he said the contract with ZTE Corp. ballooned to $329 million from the original price of $50 million. He also said the government had already paid $41 million in advance to contractor ZTE.

Madriaga, who claimed to have acted as a liaison officer for the Chinese state-run telecommunications company, described the President and her husband as the “greediest” among his handlers.

Aside from the Arroyo couple, Madriaga identified his handlers as Leo San Miguel, Ruben Reyes, retired general Quirino dela Torre and former Commission on Elections chairman Benjamin Abalos.

Francisco said Lozada is expected to skip the preliminary investigation today as he is still in Bicol for his caravan for truth, a nationwide campaign to raise awareness on the NBN controversy.

“He won’t be back until Thursday. But there’s no problem with Jun Lozada. He remains firm on his testimony and he wants to affirm it,” the lawyer stressed.

In today’s hearing, Francisco said he would ask the investigating panel to give more time to witnesses to affirm their testimonies.

Francisco had earlier pushed for immunity from suit of key witnesses in the NBN controversy as some of them reportedly had self-incriminating testimonies in the Senate inquiry.

In the complaints against him, Arroyo was being held accountable for violating the anti-graft law for allegedly coercing De Venecia into withdrawing his offer to undertake the NBN project and for intervening directly or indirectly in a business contract with the government.