BY JP LOPEZ

GOVERNMENT and police officials yesterday failed to convince senators that ZTE witness Rodolfo Noel Lozada Jr. was not abducted as the lawmakers saw a clear effort by the executive branch to prevent him from testifying.

Environment Secretary Lito Atienza, PNP chief Avelino Razon and Alfonso Cusi, general manager of the Manila International Airport Authority, said Lozada was not kidnapped to prevent him from testifying.

Senate President Manny Villar said he took exception to testimonies of the law enforcement and airport officials that they were securing Lozada from possible harm.

Villar said the government acted as if a Senate appearance would bring havoc or that Lozada’s life would be in danger while under Senate custody.

"Gusto ko lamang liwanagin, iyong mga parang ililigtas ninyo si Mr. Lozada, from whom? From the Senate?" an irate Villar asked.

Villar said the actuations of the government officials created the impression that testifying before the Senate is something to be feared.

Razon, Cusi and retired Gen. Angel Atutubo, NAIA security chief, maintained that Lozada was not forced to go with his escorts from the Police Security Protection Office upon his arrival last February 5 from Hong Kong.

Senior Supt. Paul Mascariñas, who headed the PSPO team, said when they escorted Lozada to the third floor of the dormitory at La Salle Greenhills after their dinner at a Quezon City restaurant, he discovered there were three armed men acting as Lozada’s private security men posted in the area.

"Carmen, the sister of Jun (Lozada), told me that they were Jun’s private bodyguards who were retired military personnel," Mascariñas said.

Michael Defensor, former Palace chief of staff, said Lozada assured him at the dormitory of La Salle Greenhills that he was not being held against his will.

Defensor said that when he told Lozada that he would help him escape if he was indeed being kept against his will, the latter assured him he had not been kidnapped and that, "OK naman ako dito."

Atienza said he felt misled by Lozada, who had made it appear that he was seeking help only regarding his possible arrest by the Senate.

Atienza said Lozada’s move to testify might have been influenced by some senators with whom he was able to communicate in the past weeks.

Atienza’s statement was bolstered by the testimony of lawyer Antonio Bautista that Lozada had confided to him during their first meeting on February 5 that his brother had been talking with opposition Sen. Panfilo Lacson.

Lacson, in a jest, said: "Mr. Chairman, since my name was mentioned, mas masipag lang siguro ako sa iba."

REVISIONS

Bautista said Lozada was not forced to sign an affidavit prepared for him on February 6. Lozada later repudiated the affidavit, saying he was under duress.

He said Lozada even made corrections on the document.

To prove his point, Bautista submitted to the Senate the original draft containing Lozada’s corrections on his affidavit.

Razon said Lozada was free to use his mobile phone and to communicate with whoever he wanted to during the time he was being escorted by the PSPO team.

"We only kept silent about Mr. Lozada’s whereabouts due to security reasons," Razon said. "The PNP had accomplished its mission (of securing Lozada). He is alive and well."

Cusi said Lozada was allowed to use his phone following his arrival and even spent 10 minutes at the airport restroom.

ADAMANT

Lozada maintained he did not ask for a protection, he did not know who were the people who fetched him, and that instead of bringing him home, he was brought to Los Baños without his "escorts" telling him where they were going, among others.

He said he was also prevented from sending text messages while in transit.

He also maintained it was Atienza who asked him to go abroad and that his travel papers were antedated.

He said Bautista was not his lawyer and was sent to him by Malacañang to prepare an affidavit.

He said he was initially hesitant to sign the affidavit but Bautista prodded him to do so to comfort "Ma’am," apparently referring to President Arroyo.

ACTED IN GOOD FAITH

Press Secretary Ignacio Bunye said based on their initial observations of the proceedings, the officials who testified only showed that they "acted in good faith, (were) after the safety of witness and took action accordingly."

He said their testimonies also showed that Lozada’s previous statements were "full of inconsistencies" and refuted his claim that there was an abduction or kidnapping.

"It appears also that the witness, Mr. Jun Lozada, had every opportunity to call. He was not restricted. There was a time when he was alone in the rest room, he was there for 10 minutes. He had his cell phone all the time. If he had any concern, he could have called some relatives, as in fact he did call some outside parties," he said.

BAD FAITH

Bunye said the testimonies also showed there was some "bad faith" on the part of Lozada and his family after they filed petition for writs for habeas corpus and amparo despite knowledge that he was safe and was even in the custody of the La Salle Brothers in Greenhills.

Asked if Malacañang would allow First Gentleman Jose Miguel Arroyo to attend the Senate hearing as a further sign of good faith from the Palace after it allowed the Cabinet, airport, and police officials to testify, Bunye said the President’s husband is not a member of the Cabinet.

Bunye said in the case of acting Higher Education chairman Romulo Neri, he still needs to await the decision from the Supreme Court if he can invoke executive privilege in not testifying. – With Jocelyn Montemayor