Contractor in Cebu lamppost scam cleared

MANILA, Philippines - The Sandiganbayan has dismissed the graft case against the contractor in the alleged overpricing of lampposts used in the 12th Association of Southeast Asian Nations (Asean) Summit in Cebu two years ago. In a 10-page resolution, the Sandiganbayan Second Division said the Ombudsman’s admission that it does not have enough evidence to link Isabelo A. Braza to the so-called lamppost scam effectively demolished the government’s case. Braza, president of supplier Fabmik Construction Equipment Supply Company Inc., was accused of conspiring with public works and Cebu government officials in the alleged fraudulent purchase of 89 sets decorative lampposts for the Asean summit in 2007. Anti-graft investigators said the purchase was overpriced by P4.31 million. But in an order dated July 30, 2008, Ombudsman Ma. Merceditas Gutierrez authorized the withdrawal of the case and directed prosecutors “to conduct further investigation with the end view of obtaining additional evidence." This was verbalized in court by Prosecutor Danilo Lopez during hearing into the case last October 17, 2008. The prosecution asked for a conditional dismissal, which would allow it to conduct a new preliminary investigation supposedly to bolster its evidence to sustain probable cause. The Sandiganbayan however said allowing the government’s request would be violative of the defendant’s right. “Essentially, the plea of the prosecution for such a dismissal is an appeal that it be granted permission to conduct anew a preliminary investigation. This we can not sanction," the court said. “During the hearing on the motion of the prosecution to withdraw the information, they have stated on record that they have no case against the accused. It therefore becomes absurd for the prosecution to claim that further investigation is necessary to determine whether or not there is probable cause to hold accused for trial," it added. - GMANews.TV