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Thursday, June 19, 2008

 

Mike Arroyo, Abalos hit delays in ZTE probe

By Jomar Canlas, Reporter

The lawyers for the President’s husband and the former elections Chairman Benjamin Abalos Sr. are questioning what they call “delaying tactics” in the Ombudsman’s probe of the controversial $330-million broadband deal.

The deal to build a national broadband network was awarded to China’s ZTE Corp. but was scuttled by President Gloria Arroyo at the height of a Senate investigation of alleged anomalies connected with the deal.

According to lawyers Ruy Rondain and Gabriel Villareal—counsels for Jose Miguel “Mike” Arroyo and Abalos, respectively—the complainants and witnesses in the case have repeatedly failed to appear at hearings. The absences may prejudice the rights of their clients to a speedy trial, the counsels added.

The lawyers were referring to Rodolfo Noel “Jun” Lozada Jr., Jose “Joey” de Venecia 3rd, and Philippine Star columnist Jarius Bondoc. Those three gave explosive testimonies before the Senate blue-ribbon committee about alleged million-dollar bribes, secret golf games in China, sex with Chinese women in exchange for favors, and even attempted kidnapping.

Mike Arroyo and Abalos both denied the allegations and vowed to take their accusers to court. Abalos eventually resigned as chairman of the Commission on Elections.

Rondain said the witnesses promised to appear on June 5 at the Office of the Ombudsman to affirm their Senate testimony. But they failed to show up.

The testimonies given at the Senate were the primary evidence used by the complainants.

At present, only one witness, Dante Madriaga, has affirmed his testimony before the Office of the Ombudsman.

“The complainants are buying time,” Villareal said. “This case has been pending for a long time.”

“This case has dragged on for more than 14 months, I think. Unfortunately, my client has been dragged into this and put into bad light,” he added.

The complainants’ lawyer, Ernesto Francisco Jr., downplayed the concerns of Rondain and Villareal.

Francisco said their case remains strong. In fact the direct testimony of de Venecia about being told to “back off” the deal is stronger than Lozada’s testimony, he added.

The testimony of de Venecia, the son and namesake of former House Speaker Jose de Venecia Jr., is vital to the case and he can apply for immunity if he wanted to, Francisco said.

The lawyer added that there are guidelines for immunity from suit, and de Venecia can apply for it to exempt himself from any legal liability.

The Ombudsman panel of investigators headed by Deputy Ombudsman Emilio Gonzales said the next hearing is scheduled for July 5.

The Ombudsman’s spokesman, lawyer Jose de Jesus, said their office plans to resolve the ZTE case within the year.

De Jesus explained that after the July 5 hearing, both parties will study the case for about 120 days, to review the documents. Then, the Ombudsman panel will review the case for another 60 days.

   

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