Disini finally broke his silence on the BNPP controversy after being linked recently by former Chief Justice Artemio Panganiban to the anomalous project and portrayed him as a dummy of the late President Ferdinand Marcos in the deal between the government and Westinghouse company involving the BNPP project.

Disini’s lawyer,  Jose Bernas, however, dismissed the accusations against his client’s on the alleged kickback, saying the charges against him had been dismissed by a US court in 1993.

He cited a finding of the International Court of Arbitration dated December 19, 1991, which said there was no evidence either of any agreement between Marcos and Westinghouse, or that Disini acted as an agent for Marcos.

The tribunal further ruled that “the Republic has been supplied with access to information on the Disini accounts, and substantial documentation and testimony concerning these accounts were presented to the tribunal. Significantly, there is no evidence before the tribunal that shows any transfers from the accounts of Disini, which the Westinghouse commissions were deposited to any Marcos or Marcos-related account.”

Bernas added that retired Ombudsman Aniano Desierto thrice dismissed the graft charges against Disini for lack of legal and factual basis.

Disini was indicted by the Sandiganbayan in 2004 on charges that he connived with Marcos in awarding the contract to Burns and Roe and the Westinghouse Electric Corp. for the construction of the BNPP.

Former chief state prosecutor Dennis Villa Ignacio said Disini “requested and received” $1 million from Burns and Roe and $17 million from Westinghouse in consideration of the BNPP project.

(Joel San Juan)