Comic relief in plunder case

MANILA, Philippines–It wasn’t all courtroom drama.

Several amusing exchanges among the defense lawyers, public prosecutors and justices of the Sandiganbayan have made the bail hearing of legislators and private individuals facing plunder and graft charges in connection with the P10-billion pork barrel racket more interesting.

On Tuesday, lawyer Stephen David provided such comic relief for those attending the hearing of the bail petition of Sen. Jinggoy Estrada when he suddenly asked for a restroom break in the heat of his grilling of prosecution witness Vic Escalante Jr.

‘Natural right’

Escalante, a field investigator of the Office of the Ombudsman, returned to the witness stand to testify about Estrada’s supposed role in coursing millions of pesos in public funds to the nongovernment organizations (NGOs) established by David’s client, suspected pork barrel scam architect Janet Lim-Napoles.

“While the witness is looking at the documents, may I ask the court if I could …” David’s voice trailed off.

“Go ahead. It’s your natural right,” Associate Justice Alexander Gesmundo replied, sensing David wanted to relieve himself and drawing laughter from the audience.

“You may join (David) if you want,” Associate Justice Roland Jurado, chair of the Fifth Division, told the defense panel as he ordered a five-minute break.

Taking his turn to cross-examine Escalante after questioning by Estrada’s lawyer Sabino Acut Jr., David asked the antigraft investigator if he saw the name of Napoles in the various documents regarding the supposed release of the Priority Development Assistance Fund (PDAF) allocation of Estrada to Napoles-linked NGOs.

He also quizzed the witness whose names appeared in the documents, including the list of officials and board of trustees of the NGOs.

When Escalante replied that the names of primary whistle-blower Benhur Luy, his parents Gertrudes and Arthur Luy, and friend Al Jerome Benito were on the list, an emphatic David asked him: “Why didn’t you file a case against Al Jerome Benito?”

‘Gospel truth’

“Because he was Luy’s friend. Luy said he just included the name of Al Jerome Benito without his knowledge,” he replied.

“And you believe whatever Benhur Luy said? You took whatever he said as gospel truth?” David retorted.

Standing his ground, Escalante said the Ombudsman validated what Luy and the other witnesses mentioned in his sworn affidavits.

David also scoffed at the witness for his supposed failure to remind the individuals tagged in the multibillion-peso pork barrel scam that their testimonies might be used against them “as enshrined in the Constitution.”

“You’re a good lawyer and a good field investigator. You should know that,” Napoles’ counsel said as if taunting Escalante.

But Associate Justice Gesmundo restrained David’s manner of handling the cross-examination and ordered the lawyer to ask questions and not to give his opinion.

‘Stop lecturing’

“Stop lecturing him about the Miranda rights. If you want, you can just file a case against him,” the magistrate told David.

Earlier in the proceeding, Assistant Deputy State Prosecutor Manuel Soriano Jr. sought the court’s intervention when two of Estrada’s defense lawyers, Acut and Jose Flaminiano, were raising objections at the same time.

Appearing like a schoolboy being bullied by his classmates, Soriano said it was a violation of the court’s rules.

Looking amused, Gesmundo told Soriano that an accused was allowed to have two or more lawyers as long as there is only one lead counsel.

When Soriano’s fellow public prosecutor stood up to raise a point moments later, the justice jokingly said: “That’s a violation. Nakita niyo na! (You see!)”