Reason and Concern: Pork scam investigation back to square one?

BY RONQUILLO TOLENTINO

ADMITTING that the pork scam file of whistleblower Benhur Luy remains intact and assuming that Luy’s copy of the hard disk drive (HDD) given to the National Bureau of Investigation (NBI) and which copy were furnished to the Senate Blue Ribbon Committee, the Committee shall probably subpoena Luy to testify and explain the HDD.

With this development, it may be safe to consider that that the Senate Blue Ribbon Committee may reopen its investigation on the pork barrel scam. When this happens, it would look like a return to square one.

Now, even the NBI is emphatic that Janet Lim Napoles’ two affidavits should be supported by evidence. Sans supporting evidence, the two affidavits shall be considered mere scraps of paper, the NBI stressed.

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Weighed and perused from newspapers and the media on the various accounts of the pork barrel scam, certain personalities had been presumed guilty.

From the way it looks, the presumption of innocence provided in Article III, Section 14 (2) in all criminal prosecution until the contrary if proved appears to be taken lightly. What with trials by publicity!

Presumption of innocence had been taken and considered as an important right in modern democracies, constitutional monarchies and republics. Researches have shown that many nations have included it in their legal codes and constitutions.

Wikipedia has this account: “The Universal Declaration of Human Rights, Article 11, states: “Everyone charged with a penal offense has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defense.”

The Convention for the Protection of Human Rights and Fundamental Freedoms of the Council of Europe says (Article 6.2): “Everyone charged with a criminal offense shall be presumed innocent until proved guilty according to law. This is binding on all Council of Europe members.”

Similar provisions on the presumption of innocence can be found in the l988 Brazilian Constitution; Colombian Constitution; the 1789 Article 9 of France’s Declaration of the Rights of Man and of the Citizen; Article 37 of the Islamic Republic of Iran; Article 49 of the Constitution of Russia; and South African Constitution.

Although the United States Constitution does not cite the presumption of innocence explicitly, the presumption of innocence is widely held to follow from the 5th, 6th and 14th amendments of the Constitution of the United States.

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I have to read some collection of funny senior moments. Makes me laugh.

“A letter to a national UK newspaper in the 1950s declared: ‘My grandfather, who is 87, has been converted to nudism. He sits all day long in the greenhouse without a stitch on except for his hat.

“When I asked him what he wants with a hat on if he’s nudist, he hits out with his walking stick and hollers, ‘Because I am bald.’”

Here’s another: “During a tour in South Wales, UK playing to the former mining communities with enormous success, Dame Sybil Thorndike found herself at a reception at a place called Tenby in Dyfed, Wales.

“She was introduced to the assembly as guest of honor by a rather senile vicar who said: ‘I am delighted to have the pleasure of welcoming in our town Dame Sybil, a famous member of the oldest profession of the world.’”/PN