Napoles’ brother asks CA to nullify arrest warrant-A A +A
Monday, September 2, 2013
REYNALD Lim, brother of alleged pork barrel scam mastermind Janet Napoles, recently asked the Court of Appeals to quash the arrest warrant issued against him by a Makati judge for supposedly detaining a whistleblower for three months.
Lim was hoping that the CA will stop his arrest through a temporary restraining order (TRO), saying Judge Elmo Alameda of the Makati City Regional Trial Court branch 150 acted "whimsically and arbitrarily" when he ordered the arrest without hearing a motion for judicial determination of probable cause.
"He failed to make an independent evaluation of the existence of probable cause and relied solely on the report of the public prosecutor. Had public respondent judge personally evaluated the evidence before him, he would have known that there is no probable cause to issue the warrant of arrest against petitioner (Lim)," the petition read.
The petition stated that agents of the National Bureau of Investigation (NBI) conspired with whistleblower Benhur Luy in misleading Justice Secretary Leila de Lima, who believes that the detention was related to Napoles' involvement in corruption of public funds.
According to the complaint, Luy's cellphone, laptop, and other personal belongings were found in Lim's possession and the whistleblower's family had to get Lim's approval before they can see him.
Napoles said Luy went on retreat to atone for his sins such as embezzling P300,000 intended for Christmas bonus for her employees in trading firm JLN Corp.
The petition was filed on August 22 or six days before Napoles surrendered to President Benigno Aquino III in Malacañang. Lim remains at large. (Virgil Lopez/Sunnex)