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Saturday, February 23, 2008
Lozada sues Atienza, Razon
MANILA -- After snubbing the fact-finding inquiry conducted by a panel of prosecutors Friday, Rodolfo "Jun" Lozada Jr. went to the Department of Justice (DOJ) to file kidnapping and attempted murder charges against Environment Secretary Lito Atienza and National Police Chief Avelino Razon Jr.
The filing of the criminal complaints was in connection with Lozada's alleged abduction and threats to his life starting on February 5 upon his arrival from a trip to Hong Kong.
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Lozada is the key witness to the Senate hearing on the questionable $329 million National Broadband Network (NBN) deal with China firm ZTE Corp.
A separate motion was filed by Lozada's lawyers before the Court of Appeals (CA) seeking to subpoena Commission on Higher Education (Ched) chairman Romulo Neri, former election chairman Benjamin Abalos Sr., Rodolfo Valeroso and certain "Jaime" who acted as driver of the van that took him to Laguna straight from the airport.
Valeroso was also named in the kidnapping and attempted murder complaint as "Roger" or "Rogelio." He was one of the respondents in the amparo petition at the CA 17th Division.
Lozada arrived at the DOJ at 12:45 p.m. Friday, but remained inside a blue van and heavily-guarded by plain-clothed security personnel of the Senate. When his lawyers arrived 30 minutes later, Lozada proceeded directly to Assistant Chief State Prosecutor Richard Anthony Fadullon where he filed his complaint.
Lozada's lawyers declined requests from the media to provide copies of the complaint, saying they have been told by DOJ officials not to distribute copies yet to the media "due to complications."
Theodore Te said the kidnapping complaint was bolstered by evidence gathered during the Senate committee inquiries such as the footage obtained by airport personnel from the close-circuit TV (CCTV) camera.
In that video, Manila International Airport Authority (MIAA) assistant general manager Angel Atutubo and Valeroso were seen escorting Lozada. Atutubo allegedly even made mock gestures of slashing his neck with his fingers.
"That added to this different dimension to what happened. So that's the reason why Mr. Lozada decided to take this legal action basically to protect himself and his family to ensure of course that these people would not be allowed to go scot-free and not be held accountable," said Te.
Atienza, on the other hand, was impleaded as he was allegedly the one who offered to provide protection to Lozada.
Lozada's lawyer further said the passport returned to him during the hearing for his client's petition for amparo at the CA will form part of their evidence, noting that Lozada's passport do not contain any stamp of return from his foreign trip.
Lozada earlier said this merely confirmed his suspicion that he was forcibly taken by respondents and would try to make it appear as if there was no record of his arrival in the country.
His lawyers asked the DOJ to conduct a regular preliminary investigation on the complaint based on the evidence that they gathered.
Aside from Atienza and Razon, also named respondents in the kidnapping complaint were Atutubo; Paul Mascarinas, head of the Police Security and Protection Office (PSPO) who escorted Lozada from the airport; Valeroso alias "Roger" or "Rogelio"; and John Does, acting under their control, instructions and directions.
Meanwhile, in Lozada's motion before the CA, he asked the court to compel Neri and Abalos to appear and testify as "hostile" witnesses who have participation or knowledge as to the violation and threats to his right to life, liberty, and security.
Neri Colmenares, Lozada's lawyer, said the testimonies of these witnesses are important even if their public pronouncements or sworn statements are hostile or adverse to Lozada and petitioner, his brother Arturo.
"Petitioner asserts that the testimonies of these witnesses are important in proving the violation and the continuing threat to the life, liberty and security of Lozada and his family, and, will not only help this Honorable Court resolve whether, indeed, the right to life, liberty and security of Lozada was violated or threatened with violation but also in threshing out other relevant issues," Colmenares said.
Lozada claimed Neri admitted to ordering him to desist from further involvement in the ZTE transaction after Abalos threatened him.
Lozada also said Neri could testify that he subsequently requested from various government officials such as Atienza for action to ensure his protection.
Abalos, for his part, was being asked to testify whether he talked and threatened Lozada after the NBN witness refused to accede to his demands.
The former election official also publicly announced his plan to file what he called a "harassment suit" against Lozada for his adverse testimony against him before the Senate investigation on the NBN-ZTE deal.
"Jaime," on the other hand, was the presumed Aviation Security Group (ASG) driver of the vehicle that spirited Lozada from the Ninoy Aquino International Airport (Naia) and who surprisingly is not given almost all the "talking role" in the said vehicle, according to the affidavit of Valeroso.
Colmenares asked the CA to order Neri to appear in the March 6 hearing of the division.
He also asked the court to order Valeroso to appear on same hearing date and bring with him documents such as the reports of the ASG including pre-incident reports, spot reports, and operation reports including intelligence reports covering the period February 5 and 6, 2008.
For the March 11 hearing, Colmenares asked the CA to order "Jaime" and Abalos to appear before the appellate court.
Abalos was also asked to bring along his phone bill during the period of September 2006 to January 19, 2007 for his mobile phone tel. no. 0918-9278744 and 0927-9089172.
For the March 12 hearing, petitioners asked Mascariñas to appear bringing with him the reports of the PSPO, including pre-incident reports, spot reports, and operation reports including intelligence reports of the February 5 up to present.
Atutubo was asked to bring with him four security logbooks at Naia covering the period of February 4 to 7, 2008, all CCTV video tape recording the period between 4:30 to 5 p.m. of February 5.
On the March 26 hearing, petitioners asked that Razon be summoned to produce and testify on any reports submitted to his office on directly or indirectly referring to Lozada on or after the February 5 incident up to the present, including spot reports, memorandum orders, mission orders, intelligence reports and analysis and operations reports.
Colmenares hoped that Neri would appear during the scheduled hearing and not invoke executive privilege as he had done in the Senate.
"In fact, he has been calling Secretary Atienza that Jun needs security so we would like to find out from Neri. Hopefully he will not claim executive privilege in court this time. So for us it's important the CA will summon Neri. And so therefore, they have to appear before the CA to explain if they know about the threats on Lozada and why they provide security for Jun," he said.
He also said the motion before the CA is separate from the kidnapping and attempted murder charges filed simultaneously before the DOJ. (ECV/Sunnex)For more Philippine news, visit Sun.Star Cagayan de Oro. (February 23, 2008 issue)
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