With the magnitude of the corruption problem that has come to light, it may be difficult for the public to swallow the idea that contractor couple Pacifico ‘Curlee’ and Cezarah Discaya and some of the other major players in the flood control scandal will be allowed to turn state witness.
Fortunately, that idea now appears to have been shot down in the case of the Discayas. Their lawyer had previously said the controversial couple had provided a ‘tell-all plus-plus’ when they faced the Independent Commission for Infrastructure two weeks ago.
New Ombudsman Jesus Crispin Remulla, however, said yesterday that there has been no tell-all, and that certain public officials and contractors have been omitted by the Discayas in their statements. Remulla also noted the lack of solid commitment so far for restitution of ill-gotten assets – one of the typical requirements for turning state witness.
Given the likelihood that the Discayas could face multiple criminal indictments, it may also be complicated for them to negotiate for immunity from prosecution and for avoidance of imprisonment, Remulla noted.
His stand reflected opinions given in an interview by former public works secretary Rogelio Singson, one of the members of the ICI, which reportedly prompted the Discayas to stop cooperating with the commission.
This lack of cooperation from the suspected principal players in the corruption scandal should not surprise probers. Prosecutors must also be ready for unreliable witnesses with a tendency to change or retract their statements. Cases cannot hinge on such witnesses.
Government prosecutors must be prepared to pin down the offenders using solid evidence. Remulla, who until recently was the justice secretary, has said that for starters, the government intends to pursue tax evasion cases against both public officials and private contractors who illegally enriched themselves.
Prosecutors are also working with the Anti-Money Laundering Council, the Bureau of Customs, Land Transportation Office and other agencies that keep records of registered assets such as vehicles and real estate to ferret out illegally acquired wealth.
Businesswoman Janet Lim Napoles, convicted mastermind of the pork barrel scam, had also tried to turn state witness. Perhaps her testimony might have helped bring to justice more lawmakers involved in the scam. But allowing her to evade prosecution or get a lighter punishment would have been a travesty of justice, and could contribute to impunity.
The same is true for those who are emerging as principal players in the flood control scandal.