Sandigan denies Erap stay at Polk

The Sandiganbayan rejected yesterday a request of deposed President Joseph Estrada’s lawyers asking the court to allow him to stay temporarily at his residence on Polk street in North Greenhills, San Juan to prepare for his courtroom appearance.

In a seven-page resolution, the anti-graft court’s three-member special division said Estrada may be transferred to the Veterans Memorial Medical Center in Quezon City, as suggested by state prosecutors.

Otherwise, Estrada would remain at his sprawling estate in Tanay, Rizal where he is currently detained while undergoing trial for plunder.

Estrada was detained at the military hospital from 2001 to 2003 before being transferred to Tanay. He was taken to Camp Capinpin, an Army training base, before being transferred to his nearby villa in 2004.

"The defense explains that in order to prepare for the testimony of the principal accused on the witness stand, it is more convenient for them and more practical for the state to allow the principal accused to temporarily move into his Polk Street residence," the Sandiganbayan said.

"The concerns of the accused-movant can be sufficiently addressed, with the conformity of the prosecution, by the accused former president’s temporary transfer to (Veterans Memorial) only for the limited duration of the defense team’s preparations for the accused’s taking the witness stand, including the accused’s actual presentation in court as witness," the anti-graft court said.

Estrada’s lawyers had petitioned the court last Oct. 18 asking for a temporary house arrest for Estrada in San Juan.

They said traveling to Tanay to consult with Estrada took up too much valuable time.

Defense lawyers don’t want Estrada detained at Veterans Memorial, citing fears that the government might eavesdrop on their conversations.

They also pointed out that the Philippine National Police still owes the hospital for unpaid water and electric bills incurred during Estrada’s two-year detention there.

State prosecutors oppose Estrada’s detention at his San Juan residence, arguing that a house arrest was not allowed under law, especially in cases involving capital offenses.

Meanwhile, the Sandiganbayan has yet to rule on a defense petition seeking his release on recognizance either to Cebu Archbishop Ricardo Cardinal Vidal or to his wife, Sen. Luisa Ejercito.

The Sandiganbayan is currently preparing to wrap up Estrada’s trial after his lawyers said they had no more witnesses to present.

Estrada was ousted by a military-backed popular uprising in 2001 and replaced by President Arroyo, who was then the vice president.

Prosecutors accuse Estrada of amassing more than P4 billion during his 31-month rule and stashing the proceeds in a secret local bank account during his 31-month presidency. Estrada denies the charges.

Theoretically, Estrada could get the death penalty if convicted.

Estrada maintains he was illegally ousted from the presidency and still enjoys immunity from suit.