Estrada, Napoles demand face-off with Benhur Luy, Ruby Tuason

Lawyers for Sen. Jinggoy Estrada (right) and Janet Lim-Napoles on Tuesday derided the tactics of state prosecutors to put off the much-awaited face-off at the Sandiganbayan between the accused and their main accusers—whistle-blowers Benhur Luy and Ruby Tuason. INQUIRER FILE PHOTO

MANILA, Philippines–Lawyers for Sen. Jinggoy Estrada and Janet Lim-Napoles on Tuesday derided the tactics of state prosecutors to put off the much-awaited face-off at the Sandiganbayan between the accused and their main accusers—whistle-blowers Benhur Luy and Ruby Tuason.

Jose B. Flaminiano and Stephen David, lawyers for Estrada and Napoles, respectively, both complained about the “obvious attempt” of the prosecution team led by Special Prosecutor John Turalba to prolong the bail hearings of Estrada and Napoles by coming up with witnesses and documentary evidence that were “ immaterial and irrelevant” to the plunder case.

The Sandiganbayan Fifth Division chaired by Associate Justice Rolando B. Jurado cut short the testimony of Ombudsman Field Investigation Office lawyer Vic Tagura Escalante, the first prosecution witness, in view of the defense teams’ plea to expedite the bail hearing.

Associate Justice Alexander Gesmundo suggested that both camps meet at the Sandiganbayan library to mark the evidence and list down the witnesses to be used in the bail hearings in order “to cut to the meat” of the case.

Gag order

Prosecution lawyers have been ordered by the Ombudsman not to talk to reporters.

Flaminiano cited the case of the Eduardo Ocampo v. Jose Bernabe et al. as a precedent that gave courts discretion to conduct summary bail hearings to ensure that accused people would not be unduly deprived of their right to bail.

Flaminiano said that in a summary bail hearing, “the court does not sit to try the merits of the case but merely to determine the weight of the evidence for the purposes of bail.”

Wasted time

David told the court that “time spent in jail is wasted” as he questioned the prosecution’s move to bring to court nearly a dozen witnesses from the Ombudsman, Commission on Audit, Anti-Money Laundering Council, National Bureau of Investigation, and Department of Budget Management (the defense team complained that the prosecution failed to give its list of witnesses in last Monday’s deadline) to provide what he called hearsay evidence.

“Our clients are in jail. We just want them to present individuals who can claim that Jinggoy or Janet received money so that the public will know who is really telling the truth. We are preparing for that,” David said in an interview with reporters after the one-hour hearing.

David said Napoles should be present when Tuason, Luy and other whistle-blowers would be presented as witnesses.

“She (Napoles) is the only one who knows if these whistle-blowers are just making up stories or lying,” David said.

Estrada’s lawyer, Sabino Acut Jr., told the court that the prosecution was presenting evidence beyond the eight special allotment release orders (Saros) that they cited in their complaint.

Flaminiano said the eight Saros were for one project only and he doubted whether the prosecution could prove in court that Estrada received more than P50 million in kickbacks.

Looking comfortable

Estrada was in a light-blue, short-sleeved barong and looked scraggly with a week-old beard.

Estrada’s mother and youngest brother, former Sen. Loi Estrada and Jude, arrived a few minutes before his father, Manila Mayor Joseph Estrada arrived at the court.

Estrada looked comfortable, surrounded by relatives in the courtroom.

Napoles was seated one row behind Estrada and wore her usual dark glasses, blue hoodie, dark jeans and sneakers, with a rosary around her neck.

She sat between two female police officers with whom she chatted during the hearing.

She appeared disinterested throughout the hearing and kept her gaze either on the floor or on the sidewall far from the Estradas.

Napoles was visibly relieved when the court adjourned and the Estradas left the courtroom where she stayed for half an hour to confer with her lawyer.

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