“The investigators do plan to include them in the plunder charge because if they don’t intend to be our witnesses, then they are merely respondents in a crime where they delivered billions of pesos to the respondents in this case,” Clavano said at a press conference.
The four individuals are the same former security personnel who recently recanted allegations implicating several public figures.
Clavano said the Ombudsman has yet to formally receive copies of their recantations.
Investigators, however, obtained documents purportedly containing their statements of withdrawal that were attached to the counter-affidavit submitted by Romualdez.
Clavano noted that the recantations contained general denials and lacked details, in contrast with the bodyguards’ original affidavits, which he said contained specific information.
“So that is something we know the courts will frown upon. Because that is something that is not an accepted practice or it is something the courts have taken judicial notice of…especially if we can show that the recantations had considerations,” he said.
Clavano said investigators were not ruling out the possibility that the four could again “switch sides,” but were preparing for the possibility that they would no longer cooperate with the Ombudsman.
“If they don’t return, then they will really be included in the plunder charge and that is non-bailable,” he stressed.
Ombudsman Jesus Crispin Remulla earlier suggested that Romualdez’s camp may have had something to do with the recantations, citing who stood to benefit from the withdrawal of the allegations.
Remulla said the credibility of the witnesses and their recantations would ultimately be tested in court.
“We will test the credibility of witnesses in court, because we will make a big thing out of it. But I tell you it's to our advantage. You can really see how desperate that camp is to take away the witness against them because we have built a solid case already,” Remulla said.