Defense properly informed on forensic expert’s presentation — Tolosa

MANILA, Philippines — The defense panel for Vice President Sara Duterte’s impeachment trial was properly informed about the inclusion of the financial forensic analyst as among the prosecution’s witnesses, private lawyer Benjamin Tolosa Jr. said.

Tolosa, in an ambush interview on Thursday after the Senate Impeachment Court decided to suspend trial for the meantime, said he wanted to clarify and dispute the defense’s insinuations that financial forensic analyst Atty. Alexander Cabrera was a last-minute substitute to the Bureau of Internal Revenue (BIR) representative.

According to Tolosa, Cabrera’s possible testimony and his report were provided to the defense and the impeachment court last Saturday.

READ: Sison tells prosec: Why ask us to adjust if it’s your lawyer who’s sick? 

“Unang-una, kailanganan nating klaruhin na maliwanag, dalawang testigo ang nakahanda na isalang ngayong araw ng prosecution — ang BIR representative pati ‘tong forensic analyst.  At magmula pa last week aware na ang prosecutor, ang defense na itong dalawang testigo ang naka-schedule na maisalang today at hanggang bukas,” Tolosa told reporters.

(First of all, we need to clarify: it was clear that there were two witnesses listed to be examined today by the prosecution — the BIR representative and the forensic analyst.  And since last week, the prosecutor, the defense, have been aware that these two witnesses were scheduled to be presented today up to tomorrow.)

“At itong expert report na tinatawag nilang Cabrera report, natanggap na ito ng defense no’ng sabado pa.  So hindi tama na papalabasin natin dito na naging surprise witness ito, hindi sila nabigyan ng tamang abiso, at nagkakagulatan.  Matagal na nilang alam ito,” he added.

READ: Sara Duterte camp studies filing perjury case vs Gracioso

(And this expert report, called the Cabrera report, was received by the defense on Saturday.  So it is wrong to make it seem that this is a surprise witness, that they were not advised, and that this was a shock.  They knew this a long time ago.)

The prosecution, through public prosecutor and Bicol Saro party-list Rep. Terry Ridon, requested that Cabrera be asked to take the witness stand first as counsel for the prosecution, Erwin Matib — who will question the BIR witness — is sick.

Tolosa said it is also not fair for the defense to state that the prosecution is not ready and is resorting to shock tactics, since it is not easy for other members of the prosecution to immediately take over what Matib has studied for a long time.

“So it’s just not fair to make it appear na ang prosecution ay hindi handa at sila ay ginugulat do’n sa supposed change,” he said.

(So it’s just not fair to make it appear that the prosecution is not ready and that they were shocked by this supposed change.)

“Walang may kagustuhan n’yan, at hindi naman gano’n kadali on the spot na ibang abogado ang magprepare dahil masusing pag-aaral at pagha-handa na ang ginawa ni Atty. Matib d’yan because he will be testifying on very technical matters ng BIR documents,” he added.

(No one wanted that, and it’s not easy to find a lawyer who, on the spot, will prepare to examine her because Atty. Matib studied and prepared intently because he will be testifying on very technical matters ng BIR documents.)

Earlier, counsel for respondent Sheila Sison questioned the prosecution panel for asking them to adjust—to allow Cabrera’s presentation instead of the BIR representative — when a private prosecutor got sick.

Sison said it would be unfair if Senate Impeachment Court Presiding Officer Francis “Chiz” Escudero went ahead with his decision to allow the prosecution to present Cabrera first.

Several senator-judges urged Escudero to consider all manifestations, with Senator-judge Vicente Sotto III saying that the trial should be postponed for the meantime.

Escudero agreed, ultimately deciding that the Senate will hold its legislative session first before resuming trial by around 2:30 p.m.  At the resumption, Escudero said the court will call on Ridon to ask whether Matib is available to present the BIR witness.

If Matib is still indisposed and if the prosecution does not elect another lawyer to present the BIR representative, Escudero said they will suspend trial early and resume on Friday with the BIR witness.

Eventually, Matib showed up to conduct the direct examination.

Duterte is being tried before the Senate Impeachment Court over four main allegations.  The prosecution has finished discussing two of the Articles of Impeachment, and is now focusing on presenting evidence for Article II or her alleged unexplained wealth and failure to disclose these in her Statement of Assets, Liabilities, and Net Worth (SALN).

Discussions have shifted to Duterte’s bank accounts, after the prosecution’s witness, Anti-Money Laundering Council (AMLC) Executive Director Ronel Buenaventura, testified on Monday that the council indeed flagged several transactions involving Duterte and her relatives worth P4.4 billion.

The BIR witness would have testified on the tax declarations of Duterte and her husband Manases Carpio. /mr