MANILA, Philippines – Lawyer Lorna Kapunan might want to think twice about showing possible evidence before the media next time.

Kapunan, who represents alleged pork barrel scam mastermind Janet Lim Napoles, might be cited for contempt of court for showing media “alleged evidence” during a break in the hearing for Napoles’ bail motion.

READ: Marathon hearings for Napoles bail

Napoles faces serious illegal charges, along with her brother Reynald Lim. Napoles and Lim allegedly detained aide turned pork barrel scam whistleblower Benhur Luy from December 2012 to March 2013.

Justice Secretary Leila de Lima on Saturday, September 28, instructed the prosecution team through Prosecutor General Claro Arella, to formally ask Judge Elmo Alameda of the Makati Regional Trial Court Branch 150 to cite Kapunan in contempt.

“Her actuations yesterday, right after coming out of the courtroom during a break, are clearly violative of the sub judice rule,” said de Lima. The sub judice rule prevents lawyers from making public statements that could affect the outcome of the case, whether in the proper courts or the court of public opinion. 

It was not clear if De Lima wanted Kapunan cited for direct or indirect contempt. She however clarified that she will leave it up to the prosecutors to file whichever they deem more appropriate. But she said, it will “most probably” be indirect contempt.

If found guilty of contempt, or “misbehavior in the presence… or near a court” that “obstructs or interrupts” proceedings, Kapunan can face a fine of up to P200,000 or imprisonment not exceeding 10 days, or both, according to Rule 71 of the Rules of Civil Procedure.

Should Kapunan be charged with indirect contempt, she would have to explain to the court why she should not be cited for such.

Lawyer Levito Baligod, who represents several whistleblowers in the pork barrel scam, told the media Friday they plan to ask the Makati court to cite Kapunan in indirect contempt for her actions.

‘Unfair tactic’

Makati city prosecutor Chris Garvida raised as an issue Kapunan’s actions before Judge Alameda when the hearing resumed Friday, 2 pm. Garvida said the prosecution team saw live footage of Kapunan showing media CCTV video, and called it an “unfair tactic.”

Judge Alameda told Garvida to make a formal pleading.

But Kapunan said the defense team did not show CCTV footage. They inadvertently flashed on a projector screen a type-written version of a handwritten letter allegedly penned by Luy while he was in a retreat, she said. The letter proves Luy wasn’t detained, said Kapunan.

READ: Benhur Luy was never detained, court told

After the hearing was suspended around noon Friday, members of the media crowded around the defense team to get a statement from Kapunan. She then spoke to them and showed supposed stills from the CCTV cameras of Pacific Plaza Towers, from the night Luy was rescued by the National Bureau of Investigation.

Kapunan and the defense team also showed and later, read aloud a letter allegedly written by Luy while he was at a Magallanes retreat house. Watch the video here: 

The letter was shown during the continuation of Kapunan’s cross-examination of NBI agent Dante Berou. Had the NBI gotten hold of the letter earlier, they would not have pushed through with their rescue of Benhur. The original copy of the letter, Berou said, is with De Lima. 

After Kapunan’s cross-examination, Garvida asked Berou: “Was there anything in Luy’s letter that indicates he wasn’t detained?”

Berou answered no. 

Why present evidence to media?

In an earlier interview, De Lima had already expressed disapproval of the defense’s actions.

“Why is she presenting her case before the media, why is she arguing her case for her clients before the media when that is supposed to be for the courts?” she said in an ambush interview.

De Lima and Kapunan used to be partners at the now dissolved Roco Buñag Kapunan Migallos law offices. The two lawyers now find themselves at opposing sides in the pork barrel scam involving Napoles. 

READ: De Lima, Kapunan: Ex-law partners on opposite sides of ‘scam’

Napoles surrendered to President Benigno Aquino III last month, and is now detained at Fort Sto Domingo in Laguna. Napoles refused to enter a plea during her arraignment. Her brother is still at large.

Serious illegal detention is a non-bailable offense. But if evidence of her guilt is proven to be weak, Napoles can be set free temporarily. On Friday, the prosecution presented two witnesses — NBI Agent Dante Berou and Luy’s childhood friend Mariaflor Villanueva. Hearings for the bail motion have been set on October 2 at 9 am, October 7 at 2 pm, October 14 at 2 pm, and October 25 at 9 am and 2 pm. 

READ: Witness: Napoles ordered Benhur detained

Whistleblowers in the pork barrel scam are expected to be presented by the prosecution who said they have 8 witnesses. The defense, meanwhile, said they have 17 witnesses ready to testify. -Rappler.com