Jinggoy asks Sandiganbayan to dismiss ‘pork’ raps

Senator Jinggoy Estrada on Friday asked the Sandiganbayan to dismiss the plunder and graft charges against him, saying the Ombudsman “gravely erred in finding probable cause” to indict him before the anti-graft court.

 

Estrada asked the anti-graft court to make a determination that no probable cause exists to justify the filing of cases against him in connection with the P10-billion pork barrel scam.

 

“The bare conclusions and generalizations made by the Ombudsman cannot possibly outweigh complainants' utter failure to present any proof of such connivance or conspiracy,” Estrada said.

 

The senator said there was no evidence that he amassed, accumulated, or acquired ill-gotten wealth in any amount or at least P50 million. He added that there was no proof that he received any monies from alleged pork barrel scam mastermind Janet Lim Napoles or that such funds were delivered to him.

 

Estrada said he never had control or custody of a single centavo of the Priority Development Assistance Funds.

 

He said the Ombudsman gravely erred when it found out that Estrada connived with other respondents specifically Napoles in order to perpetrate the offense charged.

 

Estrada said witnesses in the case admitted that “based on our personal knowledge, all government funds received by the foundations were actually diverted from their intended purposes to the personal accounts of Napoles and her owned or controlled corporation.”

 

“However, these witnesses never claimed to have any personal knowledge that any government funds were diverted for Senator Estrada's personal use or to his personal,” Estrada's motion read.

 

He said Benhur Luy admitted that there was no occasion that the principal whistleblower delivered or that Estrada received money from him.

 

The senator said even assuming that Ruby Tuason's testimony is credible, she never said that she had delivered to him money amounting to P50 million.

 

“While the story created out of the testimonies of witnesses appear to be logical, it is nevertheless based merely on bare and self-serving generalizations, hearsay evidence, speculations, and conjectures. Nevertheless to say, they are insufficient to establish probable cause to indict Senator Estrada for the offenses charged,” Estrada said.