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Another star witness retracts allegations vs. De Lima, accuses ex-DOJ Sec. Aguirre of 'coercion'; Aguirre calls it 'downright lies'

By NICK GARCIA Published May 02, 2022 12:27 pm Updated May 05, 2022 12:33 pm

Rafael Ragos, a former Bureau of Corrections (BuCor) official who served as the star witness of the Department of Justice (DOJ) in the drug charges against detained senator Leila De Lima has retracted his allegations—claiming he was "coerced" by former DOJ Sec. Vitaliano Aguirre II into testifying against the lawmaker.

Aguirre, however, denied the accusations, saying Ragos is "downright lying," as he questioned the timing of the retraction—which is days away from the May 9 polls, in which De Lima is seeking reelection.

In his affidavit notarized in Pasig on April 30, Ragos took back his previous claims that he and his aide Jovencio Ablen Jr. personally delivered P5 million to Ronnie Dayan, De Lima's former driver, in Parañaque on two occasions in 2012 at the behest of convicts from New Bilibid Prison. De Lima supposedly used the money for her senatorial bid in 2013.

De Lima, who appointed Ragos as BuCor chief in 2012, has denied the allegations.

“I now hereby declare and make known to the whole world that there is no truth whatsoever to any of these affidavits or House and court testimonies, or any other statement made in the media or other investigative proceedings,” Ragos said in his sworn affidavit.

“As far as I know and based on my professional relationship with Sec. De Lima, she is incapable of doing anything illegal, much less engage in the illegal drug trade or accept money from Bilibid inmates.”

Ragos, who's also a former deputy director of the National Bureau of Investigation, claimed that Aguirre "ordered" him into testifying against De Lima during a meeting with NBI officials and lawyers from the Public Attorney's Office at a casino in Parañaque in 2016, days before the House probe into Bilibid's alleged illegal drug trade.

“During said meeting, then Sec. Aguirre interrogated and coerced me to admit something that did not happen," Ragos said in his sworn affidavit.

"When I asked Sec. Aguirre what they want me to do, he said: ‘Mag-execute ka ng affidavit, mag-corroborate ka sa statement ni Ablen, kung hindi, alam mo naman mangyayari’,” Ragos recalled Aguirre telling him.

Ragos was initially a co-accused alongside De Lima, but the DOJ dropped him from the case and turned him into a witness.

“I was forced to cooperate with Sec. Aguirre and the DOJ public prosecutors by agreeing to deliver all these false testimonies and sign false affidavits against Sec. De Lima and Ronnie Dayan," he said. "I was thus made a witness against Sec. De Lima and Ronnie Dayan and set free."

As the trial went by, Ragos also recalled Prosecutor Laurence Joel Taliping telling him, “Mag-testigo ka nang mabuti, minimonitor ka ng Malacañang.”

In concluding his sworn affidavit, Ragos asked for De Lima's forgiveness, as she suffered from his "transgression of bearing false witness" against her.

'Downright lying!'

In a statement dated May 3 that's released to the media May 4, Aguirre said he's "genuinely surprised" with Ragos's retraction and accusation that he coerced him, describing it as "farthest from the truth."

"Mr. Rafael Ragos is downright lying!" Aguirre said.

“I was never involved in any efforts to coerce him," he noted. "Mr. Ragos has always made it clear to me that his statements are true, and he was voluntary offering them to us to correct an injustice and to tell the truth.

The former DOJ secretary said he found the timing of the retraction "suspect" in view of its closeness to the May 9 polls.

“Why only now?” Aguirre said. "Senator Leila de Lima is lagging very far behind in surveys and voter's preferences."

"Who stands to benefit from the retraction, sympathy wise?"

Calling Ragos a "man with a grudge," Aguirre claimed that Ragos was asking to be appointed to a government position but was "ignored."

The former DOJ secretary, in all caps, said "RETRACTIONS ARE UNRELIABLE UNLESS BACKED UP BY INCONTROVERTIBLE EVIDENCE."

"As it is, devoid of any reliable back-up, the statement of Mr. Ragos is a worthless piece of paper."

Last April 28, self-confessed drug lord Kerwin Espinosa recanted his previous allegations against De Lima, saying his previous testimonies were due to threats by the police.

While Espinosa's retraction has "no bearing" on De Lima's cases according to the Prosecutor General, Ragos's retraction is significant as he's a star witness whose testimony was largely instrumental in the senator's Muntinlupa trial.

DOJ Sec. Menardo Guevara, who succeeded Aguirre in 2018, told reporters that because the case happened before his term, he'll first discuss the matters with the prosecutors concerned.

In a statement, senatorial candidate Chel Diokno urged Guevara to place the officials mentioned by Ragos on temporary leave while the investigation is ongoing.

"If Department of Justice officials can intimidate witnesses like Ragos and get away with it, what kind of justice can we expect?" Diokno said. "Kung nagawa nila ito sa nakaupong senador, paano pa kaya sa ordinaryong mamamayan."

Diokno also called for the immediate release of De Lima following the retractions.

Palace spokesman Martin Andanar, meanwhile, said they respect the independence of the court.

"At the same time, we continue to trust the Department of Justice and the National Prosecution Service in performing their mandates in investigating and prosecuting the charges against the lady senator," Andanar said.

De Lima, a vocal critic of President Rodrigo Duterte, has been detained since February 2017.