Thursday, September 18, 2008 Lozada to appeal dismissal of protection plea
NATIONAL Broadband Network (NBN) star witness Rodolfo Lozada Jr. will appeal the Court of Appeals (CA) ruling denying his plea for a protection order or a writ of amparo.
Lozada, during Wednesday's press briefing at the Club Filipino in Greenhills, San Juan, said despite the unfavorable decision he is still hopeful that justice will not elude him.
He said his lawyers are now preparing their arguments in the motion for reconsideration to the CA decision.
"Definitely we will appeal the decision of the CA. We will explore every legal remedy in our case. We will use and explore every single thread of hope in this case," Lozada said.
He reiterated that the decision did not come as a surprise to him and his family, saying they were against powerful interests.
"I have nothing to do with the CA decision, and we know that we would lose this case. But despite the unfavorable ruling, this might even prove a blessing in getting the public to know about the case," said Lozada.
Asked if he had any regrets when the ruling came, the NBN witness said it is only when the court refused to summon most of the respondent-officials to appear and testify.
He said that if what had taken place is not kidnapping, then not only he and his family but also the public is at a loss as to what constitutes kidnapping under the law.
"Does it mean that when there is no resistance, it cannot be considered as kidnapping? Does it mean that since there was no hard done to me, then it is no longer foul?" Lozada said.
According to Lozada, he will continue the "lonely battle" for justice not only for himself and his family but also for the public at large.
"What I want is for someone who had committed wrongdoing to be held liable under the law," he said.
In junking Lozada's plea for protection, the CA ruled that there was no threat to his life, liberty, and security as he was not able to prove that he had been kidnapped by policemen to stop him from testifying before the Senate regarding the botched US$329 million NBN contract entered into by the government with China's ZTE Corporation.
The appellate court said the policemen were at the airport not to abduct Lozada but to pick him up after the NBN witness had sought the help of his former boss in the environment department, Secretary Lito Atienza.
There was no evidence to prove that alleged armed men passing outside La Salle Greenhills and in places Lozada visited were ordered by the government officials to spy on him, it added.
Lozada, who served as a technical consultant on the NBN-ZTE deal, has exposed alleged anomalies surrounding the project and corroborated the earlier testimony of businessman Jose "Joey" de Venecia III who told the Senate about alleged padding in the contract cost and kickbacks to government officials.
He had claimed he was kidnapped from the Ninoy Aquino International Airport (Naia) when he arrived from Hong Kong and said his life was threatened.
He named as respondents Atienza, Philippine National Police (PNP) Chief Avelino Razon Jr., Naia assistant general manager Angel Atutubo, Police Security and Protection Office Chief Romeo Hilomen and his deputy Paul Mascarinas, and Aviation Security Group civilian agent Rodolfo Valeroso. (AH/Sunnex)
