Erap trial may resume early in 2004

Former President Joseph Estrada’s plunder trial, which has dragged on for two and a half years, may resume between January and March next year, one of his court-appointed lawyers said yesterday.

Lawyer Noel Malaya said the defense will file today a "leave of court" to file demurrer — a motion in which they will ask permission to file a demurrer, which is a waiver of their right to present evidence.

Malaya said they want to seek court approval first because filing a demurrer directly would be "too risky."

Under court procedures, the court can either hand down a conviction right away on a demurrer motion if there is sufficient evidence or deny the motion and set it for trial.

Hearings on their motion seeking court permission alone might take the whole December and the trial might be further set back by the holidays, Malaya said.

"Trial may resume either January, February or March — that is, supposing the court will not dismiss the cases," he said.

The Sandiganbayan is currently deliberating on a defense motion seeking permission for Estrada to undergo knee surgery in the United States.

Although Malacañang posed no objection for humanitarian reasons, prosecutors vigorously oppose the move, saying it is a ploy to enable Estrada to seek political asylum or arrange for pardon.

Doctors said Estrada’s left knee is suffering from osteoarthritis, a bone degenerative disease, and urgently needs surgery.

They said his knee was aggravating his back pain, caused by multiple slipped discs, a condition that can leave him paralyzed from the waist down if left untreated.

Last year, the Sandiganbayan anti-graft court thumbed down a similar Estrada bid, saying medical treatment is available in the country.

Estrada was ousted in a military-backed popular protest in January 2001 amid corruption charges. He maintains he has not resigned and claims he was illegally forced out of office.

He insists he still enjoys immunity from suit and does not recognize the authority of the Sandiganbayan, claiming that the trial is rigged.

He withdrew his lawyers early in the trial but the court appointed him counsel against his wishes.

Estrada had served two and a half years of his six-year term until his ouster and was arrested in April that year. Then vice president Gloria Macapagal-Arroyo replaced him.

He is accused of amassing more than P4 billion during his 31-month rule by allegedly running an illegal gambling protection racket, embezzling state funds and profiting from insider trading. He faces the death penalty or life in prison.

The prosecution rested its case in April and the defense was originally scheduled to present its side in June.

However, the trial was delayed several times mainly because of a motion from Estrada seeking the dismissal of the plunder charges against him.

Estrada had said the Supreme Court erred when it swore in Mrs. Arroyo to replace him after declaring the presidency vacant during the January 2001 military-backed popular uprising that toppled him.

The Sandiganbayan rejected the motion, saying a lower court cannot overturn a ruling made by the Supreme Court, the country’s highest tribunal.

To bolster his case, Estrada asked Congress in June to impeach eight Supreme Court justices, including Chief Justice Hilario Davide Jr., for allegedly playing partisan politics to legalize his ouster.

The House of Representatives will vote on his complaint after a committee junked it last week for being insufficient in substance.