Ex-Comelec chief ‘can’t escape liability’
October 04,2011
FORMER Elections chair Benjamin Abalos cannot escape liability by testifying against poll fraud witnesses who have been criminally charged for electoral sabotage, said Justice Secretary Leila de Lima.
De Lima said the ongoing investigation being conducted by the joint Department of Justice (DOJ)-Commission on Elections (Comelec) fact-finding panel is taking into account the corroborative affidavits of Lilian Radam and Yogie Martirizar, who both alleged that Abalos engineered the “12-0″ victory of the Arroyo administration’s senatorial bets in Mindanao during the 2007 mid-term polls.
Radam was the election supervisor in South Cotabato, while Martirizar was the election supervisor in North Cotabato.
Both confessed participation in the poll fraud operation during the 2007 elections and lamented that the charges filed against them by Abalos before the Pasay Regional Trial Court was just a “smokescreen” to save the image of the Comelec at that time.
Abalos, however, belied the allegations, saying the DOJ should not be cuddling “fugitives.”
He offered to be a witness in the case against Radam and Martirizar before the Pasay court.
But de Lima said it’s back to square one for the cases involving the two election supervisors in light of their affidavits. She insisted that these two witnesses came out in the open “free from intimidation, undue pressure and other improper influences.”
“They’re pointing to former chair Abalos, a big fish at that, as instigator of the rigging of the 2007 senatorial results. It’s a serious and crucial allegation that deserves utmost consideration. Abalos cannot just try to go around it and escape possible indictment by offering himself as witness versus Radam and Martirizar. It’s actually a battle of credibility,” she said in a text message.
De Lima said the allegations against Abalos and others are now being looked into by the joint DOJ-Comelec fact-finding team tasked to verify the information and gather more supporting evidence.
The DOJ-Comelec panel will then make recommendations to the preliminary investigation committee on who can be charged.
De Lima said Abalos would be summoned after the fact-finding team refers the affidavits to the preliminary investigation committee.
The Justice chief also bared that the DOJ-Comelec team would coordinate with the military for access on the former Intelligence Service of the Armed Forces of the Philippines officials tagged by Radam and Martirizar as their alleged handlers: former Soccsksargen director Colonel Ben Basiao and Captain Peter Reyes.
The fact-finding team is different from the DOJ-Comelec preliminary investigation panel headed by Prosecutor General Claro Arellano, the government’s chief prosecutor.
The preliminary investigation seeks to determine if there is probable cause that warrants the filing of criminal cases before the proper courts. (ECV/Sunnex)
Source: http://www.sunstar.com.ph/manila/local-news/2011/10/02/ex-comelec-chief-cant-escape-liability-182749
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