Lozada lawyer says Atienza, Razon may face obstruction charge

The lawyer of national broadband network witness Rodolfo Lozada Jr., claimed yesterday that Environment Secretary Lito Atienza, Philippine National Police (PNP) chief Director General Avelino Razon Jr., and the people who were implicated in the alleged abduction of Lozada at the Ninoy Aquino International Airport (NAIA) could all be charged with obstruction of justice for helping the witness evade the Senate investigation on the cancelled NBN contract.

In a press conference, Colmenares said the Court of Appeals (CA) included as basis in its recent ruling, the admission of Atienza and Razon that they offered to help Lozada because he does not want to testify before the Senate investigation on the NBN contract between the government and the Chinese firm ZTE Corp.

The CA recently denied Lozada’s petition for a writ of amparo that sought government protection for the witness.

“Presidential Decree 8129 or the law on Obstruction of Justice states that any persons who are preventing witnesses from testifying, preventing witnesses from reporting to the police of the commission of an offense, for identifying the offenders, are liable for obstruction of justice,” Colmenares said.

He said if found guilty for obstruction of justice, Razon and Atienza could be sentenced to a maximum six years imprisonment.

He said Razon and Atienza also violated the ethical standards for government officials and employees.

“They (Razon and Atienza) can also be charged for violation of the anti-graft law,” Colmenares said.

He said the ruling of the CA on Lozada’s petition for a writ of amparo is like an “ivory tower.”

Meanwhile, Mary Guy Portajada of the Desaparecidos, a group supporting victims of forced disappearances, said that dismissal of Lozada’s petition before the CA is reminiscent of the appellate court’s recent denial of the petition for writ of amparo for missing activist Jonas Burgos.

“The Burgos family had strong evidence that prove the military’s hand in Jonas’ enforced disappearance. Yet, the Court of Appeals disregarded these and instead believed the lies of the military,” Portajada said.

The Desaparecidos said they stand by Lozada as a “victim of abduction whose life and liberty is threatened.”

Lozada: No apologies

Lozada said he would not apologize to the people whom he accused of kidnapping him to prevent him from testifying before the Senate.

In a press conference at the De La Salle University (DLSU) in San Juan, Lozada said he does not need to apologize because he just revealed the truth about the anomalies in the NBN deal.

“I will not ask an apology to them because I only told the truth,” Lozada said. “Like in boxing, they (opponents) won in this round. But I will not stop because they have not knocked me out yet.”

Lozada said the CA ruling saddens him because it indicates that the CA is siding with his nemesis that is “pathological liars.”

He said the CA decision placed the lives of whistle-blowers like him in more danger.

Atienza dismissed Lozada’s claims as mere fantasy.

Atienza brushed aside latest assertions of Lozada’s camp, which intends to ask the CA to reconsider its decision. 

“He has every right to exercise his rights to the fullest but just a reminder to him, he should not bear false witness against (his) neighbor, against the law of man, and law of God, and learn from (his) experience,” Atienza said.

Atienza refused to react to criticisms that his participation in Lozada’s case might be tantamount to obstruction of justice. Instead, he vowed to devote his attention to public service and protection of the environment.

“I can’t give reaction on an allegation of a man, who is precisely trying to create a case against me when there is none. He is dreaming,” the environment secretary said.            — With Katherine Adraneda