Janet Lim Napoles has asked the Sandiganbayan to dismiss her plunder case anew, citing the prosecution’s failure to clearly identify a “main plunderer” that has the effect of voiding the information for the case.

An information is a formal criminal charge which begins a criminal proceeding in the courts.

In a 20-page motion to dismiss, defense counsel Rony Garay cited the Arroyo case decided by the Supreme Court wherein the requirement “is to specifically and clearly identify the main plunderer and not merely refer to him based on allegations in the information that can be interpreted in so many ways.”

The defense said if Estrada is not expressly identified in the information as the main plunderer, the case “should be dismissed for lack of jurisdiction because the information does not charge the offense of plunder considering that one of the essential elements thereof, which is identifying the mastermind or main plunderer as held in the case of Arroyo vs Sandiganbayan, is not alleged therein,”

“In short, if it is not plunder, then there is no crime charged in the information over which the Honorable court has jurisdiction or over which it can validly exercise jurisdiction,” Napoles’ counsels explained.