Lets set aside the technicalities and, assuming that the facts - TopicsExpress

Lets set aside the technicalities and, assuming that the facts alleged by the prosecution are proven, ask whether the crime committed by Napoles and the Senators is in fact plunder or some other crime. Plunder, as I recall having been involved in the early drafts of the law, is committed by a public official who illegally amasses massive wealth by taking, diverting or appropriating public funds. It envisioned a Marcos-like figure in command of the corrupt operation that resulted in that illegal taking. Was that the case here? Or was this Napoles conceiving, putting into place, and leading the PDAF scheme and the senators were mainly beneficiaries? If thats the case, would the right charges be in fact some form of bribery under the Revised Penal Code or other violations of the anti- graft and corrupt practices act? This is a huge issue because these latter crimes are bailable by right and that means the senators will be released from detention. Read the quotation below from an anonymous Sandiganbayan Justice and judge for yourself if the prosecution in fact erred in the criminal charges they chose to pursue against the accused. “Minadali. The 9,560-page complaint was hastily done. It is filled with inconsistencies, defects and loopholes. The amendment even made it worse,” the Sandiganbayan justice, who requested anonymity, said about the government’s case against Revilla and two other opposition senators, Juan Ponce Enrile and Jinggoy Estrada. “The amendment made it worse because to establish conspiracy, the prosecution has to have evidence to prove that Revilla was in cahoots with Napoles from the start, such as in setting up the bogus NGOs and carrying out the scam. But based on the evidence submitted that was made the basis of the three separate 10,000-page complaints, conspiracy was not established with Revilla’s camp even claiming that the senator’s signature was forged in pertinent documents,” the justice told the Manila Standard.

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