Defense lawyers assured the anti-graft court that Estrada, who is accused of plunder and other corruption charges, is not a flight risk and needs to be given temporary freedom so he can prepare his defense before taking the witness stand.
"The principal accused must be given the freedom to move around and meet with people and access documents that can maximize the presentation of the strongest possible defense," lead defense lawyer Rene Saguisag said in his motion seeking bail for Estrada.
"An accused can be granted bail regardless if the evidence in the case is strong or not for as long as there is no possibility of flight risk," another defense lawyer, retired Manila chief fiscal Jose Flaminiano, said.
"He has political and economic roots here. Two of his family members are members of the Senate," Flaminiano added, referring to Estrada’s wife and son, Luisa Ejercito and Jinggoy Estrada, one of Estrada’s co-accused who was granted bail in 2003.
Flaminiano cited a precedent in the 1950s when the Supreme Court granted bail to a former senator accused of kidnapping, also an offense that excludes bail.
"Flight, then, is remote, if not indeed nil. Being a fugitive from justice is not an option," Saguisag said. Allowing the opposition leader to post bail would also "save the government a lot of money spent in guarding and escorting one who would never flee."
"A country as badly divided as it is can only benefit from any healing gesture," Saguisag pointed out, referring to the political bickering between the Arroyo administration and Estrada’s camp. "Being on bail for one going on 69 under the circumstances of age, prominence and due process won’t unfairly prejudice anyone."
The defense lawyers also said Estrada should be given the option to stay at his upscale San Juan residence.
Sought for comment, Chief Special Prosecutor Dennis Villa Ignacio said it was already "too late in the day" to seek bail.
"I don’t know why they should file a motion for bail at this stage in the trial. It’s too late in the day. The court has already ruled on their motion for leave to file a demurrer to evidence. And the court said we have presented sufficient evidence," he told reporters.
Flaminiano disagreed: "A motion for bail is an open option at any stage of the proceedings. It can be filed any time, even after conviction. The court has very wide discretion on this."
The anti-graft court already has thrown out a defense motion to dismiss the case because of weak evidence. The defense has presented 57 witnesses, and Estrada is expected to be among the last to testify.
Plunder is a capital offense and carries a maximum penalty of death by lethal injection.
In March 2003, the Sandiganbayan granted bail to Estrada’s son, Jinggoy, after the court deemed that the prosecution had failed to clearly establish the younger Estrada’s involvement in his father’s alleged illegal gambling protection racket.
Estrada was ousted in 2001 by a military-backed popular uprising following accusations of massive corruption.
He is accused of amassing hundreds of millions of pesos in bribes from jueteng operators and misusing government funds intended for tobacco farmers during his aborted 31-month presidency. — With AP