JANET Lim Napoles, accused of being the pork barrel scam mastermind, has asked the Supreme Court (SC) to stop the Sandiganbayan’s proceedings for not applying the “main plunderer” requirement in the plunder case against her.
In a 100-page petition, Napoles through defense counsel led by Rony Garay, said that “since the crime of plunder requires a public officer to be the main plunderer… a private person like herein petitioner (Napoles) cannot be indicted nor convicted of the crime of plunder, if the information failed to name the main plunderer.”
Garay pointed out that the Sandiganbayan position was a clear case of grave abuse of discretion.
“With due respect, (this) is a clear display of grave abuse of discretion amounting to lack or excess of jurisdiction because the Honorable Supreme Court is the final arbiter of all legal questions/issues,” Napoles’ counsel said.
He stressed the prosecution failed to discharge its duty as nothing in the evidence submitted by it constitutes proof beyond reasonable doubt.
“All the evidence of the prosecution, still fail to identify the main plunderer, an indispensable requirement of the crime.”