MANILA, Philippines – It’s a key piece of evidence in the serious illegal detention case against Janet Lim Napoles and Reynald Lim. Why has it not been presented yet? 

Lorna Kapunan, Napoles’ lawyer, made a manifestation before a Makati court on Monday, October 7, to question why the prosecution has yet to present a handwritten letter that Benhur Luy allegedly gave to his family while he was under detention on Feb 23, 2013. 

In that letter, Luy was supposed to have said that he was not being held against his will, and that he voluntarily went on a spiritual retreat.

“This letter has been suppressed not once… but twice by the prosecution,” said Kapunan. 

The letter was supposed to be attached to the sworn testimony of several witnesses in the case. But the letter, witnesses and the prosecution team said, is with Levito Baligod, lawyer for several whistleblowers. 

READ: Benhur Luy was never detained, court told

The defense earlier presented a transcript of the letter allegedly written by Benhur on Feb 19, 2013, while in a retreat house in Magallanes Village in Makati City. Watch a member of the defense team read parts of it here:

Unusual for Benhur? 

Annabelle Luy Reario, Benhur’s sister, said she handed the letter over to Baligod after the family read the contents. Annabelle said that in the letter, Benhur asked the family to pray 2,000 Hail Marys and to ask for forgiveness from Napoles and her family. 

The letter was unusual, said Annabelle. “Hindi naman nagsusulat ng ganoong letter si Benhur sa amin,” she said (Benhur doesn’t write those kinds of letters to us.) 

On February 23, Annabelle, her brother Arthur, and their parents Gertrudes and Arturo met Benhur at Napoles’ condominium in Pacific Plaza. Her brother looked weak and disheveled, she said. 

Benhur slipped the letter in Annabelle’s back pocket during the meeting. The Luy family asserts it’s evidence Napoles and Lim held Benhur against his will. 

Prosecutor Chris Garvida denied suppressing evidence, saying they will present Benhur himself as a witness in the bail hearing. 

Delaying tactics

After the hearing, Kapunan confronted the prosecution on what she called “delaying tactics.” 

“Ang concern lang namin hanggang ngayon ‘yung main witness nila, si Benhur, ‘tinatago pa. Inuubos nila ‘yung time allotted for the defense,” she told media. (Our concern is that, until now, they have yet to present their main witness, Benhur. They’re consuming time allotted for the defense.) 

So far, the prosecution has presented 5 of 8 witnesses. Benhur will likely be the last witness to be presented, said Garvida. 

“Talagang delaying tactics ‘to kasi two hearings na lang at meron pa daw silang 4 o 3 witnesses. At uubusin nila lahat ng hearing dates. Paano na ang hearing dates ng accused? That means maghihintay na naman sa available dates,” Kapunan said.

(These are delaying tactics. We have two hearings left, and the prosecution has 4 or 3 more witnesses. They will use up all the hearing dates. How about the hearing dates for the accused? We’ll have to wait for the judge’s next available dates.) 

Hearings are scheduled on October 14 at 2 pm and on October 25 at 9 am and 2 pm. – Rappler.com