DETAINED Sen. Jose “Jinggoy” Estrada has moved for the review and nullification of the immunity granted to pork barrel scam witness Benhur Luy by the Office of the Ombudsman.
In an eight-page motion filed on Monday, Estrada asked the Sandiganbayan’s Fifth Division to review the immunity granted to Luy and, “based on the evidence so far adduced,” nullify it.
He argued that the Office of the Ombudsman’s exercise of its power to grant immunity to those allegedly part of a crime that it intends to present as a witness is subject to judicial review.
Luy was president of the non-government organization (NGO) SDPFFI or Social Development Program for Farmers Foundation, Inc.
“[H]is [Luy’s] elevated position in both JLN Corporation and SDPFFI and his active and pervasive participation in the crime supposedly committed in the instant case. . .affords no conclusion other than that Mr. Luy appears to be among those most guilty of the supposed crime charged in the instant case,” the petition said.
Estrada is accused of plunder after allegedly amassing P183 million by pouring his Priority Development Assistance Fund (PDAF) to bogus projects of NGOs owned and controlled by suspected pork barrel queen Janet Lim-Napoles.
The Fifth Division earlier affirmed its resolution granting the request of Estrada’s co-accused Napoles to open the bank accounts of Luy.
Prosecutors are mulling to take the matter to the Supreme Court.