Estrada dismisses lawyers

Jailed former President Joseph Estrada dismissed yesterday his entire defense team, claiming he could not expect to get justice from the Sandiganbayan special division that is hearing all the charges against him.

Estrada made the move after a special division of the Sandiganba-yan refused to postpone his arraignment on charges that he illegally used an alias.

Two days after admitting that he signed a bank document using the fictitious name "Jose Velarde," Estrada again refused to enter a plea on the charge. The court automatically entered a "not guilty" plea on his behalf.

Observers said Estrada’s admission, made on national television, threw his defense in shambles – a point he and his lawyers disputed.

After his arraignment yesterday, his lawyers complained that the case was being "railroaded." Shortly thereafter, Estrada announced he was dismissing his lawyers.

"I have instructed all my lawyers to withdraw (from) all the cases filed against me," Estrada told an ABS-CBN news team led by newscaster Korina Sanchez.

"I have forced myself to submit to our judges but, this early, I can see that I cannot expect justice from the court," he said in Filipino, as he was taping an interview with Sanchez.

The dismissed lawyers are former Supreme Court Associate Justice Serafin Cuevas, former Sen. Rene Saguisag, former Manila City Prosecutor Jose Flaminiano, Cleofe Verzola, Delia Hermoso, Raymund Fortun, Felix Carac and Pacifico Agabin. Former Chief Justice Andres Narvasa also advises Estrada.

A court spokesman said the lawyers would have to notify the Sandiganbayan of their resignation.

Renato Bocar said the justices would appoint government lawyers to represent Estrada to avoid disruptions. "The trial will proceed," he said.

Estrada claimed there were moves by unidentified parties to create a "public perception" that he was guilty although he has not had the chance to present evidence that would clear him of the charges.

He said the decision to dismiss his lawyers had nothing to do with his admission on Tuesday that he signed the name "Jose Velarde" in a trust agreement with Equitable PCI Bank on Feb. 4, 2000.

Estrada insisted he signed the document using the name Jose Velarde as a form of "guarantee" to convince his close friend, fugitive businessman Jaime Dichaves, to lend P500 million to another friend, William Gatchalian of the Wellex Group of Companies.

He said the decision stemmed from the Sandiganbayan’s apparent "railroading" and "pre-judgment" of his cases.

Estrada is being tried for plunder and the lesser charge of perjury. He also has a pending petition to dismiss another charge of perjury and the dismissal of his lawyers is expected to further delay all three cases.

During Estrada’s arraignment for illegal use of an alias, Saguisag accused the Sandiganbayan of "railroading" and "pre-judging" the Estrada cases before it.

Saguisag made the charge after the court refused to grant his motion to postpone the arraignment for another seven days and instead announced it would speed up Estrada’s trial beginning March 18 by holding three hearings a week instead of only two.

The court said it decided to proceed with the arraignment in consideration of Estrada’s supposedly worsening knee condition.

"According to you, President Estrada is suffering difficulties from walking. The court has already ruled (on Estrada’s motions to quash and for reconsideration). Why don’t we arraign him now?," asked special division chairman Associate Justice Minita Chico-Nazario.

Estrada also has a pending motion before the court to allow him to leave his detention suite at the Veterans Memorial Medical Center in Quezon City to undergo total knee replacement surgery in the United States.

His son Jose "Jinggoy" Estrada, who is also detained at the VMMC as a co-accused in the capital charge of plunder against the former president, had also asked the court to place him under house arrest supposedly because of a worsening heart condition.

This led Saguisag to lash out at the court, noting that in the resolution on Estrada’s preliminary motions, the court had used language that "virtually prejudged the case."

"This is the final straw. I don’t believe that we can get a fair trial in this case. This case is being railroaded," Saguisag fumed.

Saguisag said after the arraignment that the court’s latest imposition is already too much and would be unfair to their other clients who are also deserving of equal representation before the courts.

The defense lawyers had earlier said they would not hesitate to withdraw from Estrada’s cases and leave him defenseless should the court insist on increasing the number of trial days.

Earlier the court entered a plea of not guilty on behalf of Estrada who refused to enter a plea during his arraignment.

"Upon the advise of my lawyer, I cannot enter a plea on the ground that we have a petition at the Supreme Court questioning the creation and the composition of this special division," Estrada told the court.

Estrada, wearing a beige barong and brown trousers, walked into the court with a noticeable limp and supposedly had a hard time getting out of bed because of his osteoarthritic knee.

Witnesses said he looked "dead serious" and did not talk to reporters on the way in or out of the courtroom and soon asked the court to dismiss him because he needed to rest, a request the court granted.

The illegal use of an alias charge stemmed from Estrada’s supposed use of the name "Jose Velarde" in entering into several transactions and in signing commercial documents.

Prosecutors allege he signed the false name while opening an account with Equitable PCI Bank and then signed a trust agreement with the bank on Feb. 4, 2000 to invest some P500 million elsewhere.

If found guilty, Estrada will receive a six-month jail term, which he has virtually served having been arrested late April last year.

The bank documents are also among evidence in the capital charge of plunder of which Estrada, Dichaves and several others are also accused.

Estrada is accused of plundering the nation of more than P4 billion in his 31 months in office which ended with his ouster in a "people power" revolt in January 2001.