Erap lawyers to present two more witnesses before he takes witness stand

One of the remaining potential defense witnesses in the plunder trial of ousted President Joseph Estrada has returned from abroad, and the two will be presented before Estrada himself takes the stand, defense lawyers said yesterday.

Retired Manila fiscal Jose Flaminiano, one of Estrada’s lawyers, told the Sandiganbayan special division the defense could present one of these witnesses on Monday.

Flaminiano, who refused to give any other information or name the two witnesses, said other witnesses might surface after the two unnamed witnesses have given their testimonies.

"They might give us information that there are other witnesses who could corroborate their testimonies," he said.

Estrada’s lawyers asked the court to allow them six trial days to present the two witnesses.

The defense also asked for a 30-day break to brief Estrada before he testifies, and that the hearings be held only once a week.

"We need a break of at least a month and to ask the court to grant us a once-a-week trial," Flaminiano told the court.

Estrada’s lawyers said barring any hitches, their client will be ready to take the witness stand by mid-March.

"We will formalize our position by Monday," said former senator Rene Saguisag, another lawyer of Estrada.

"But we propose that we wrap up other potential witnesses by the middle of February. We will begin presenting the principal accused by the middle of March."

Sandiganbayan Presiding Justice Teresita Leonardo-de Castro, special division chairwoman, assured the defense that they will be given sufficient time to present their two potential witnesses and prepare Estrada for his court appearance.

"We will give you time to produce your witnesses and prepare the former president," she said.

Meanwhile, Special Prosecutor Dennis Villa Ignacio expressed delight at the recent developments in the trial.

"We are looking forward to the period set by the court," he said.

"This (trial) could be terminated within a month’s time. They (Estrada’s lawyers) have asked the court to allow them to prepare the former president at his resthouse."

Villa Ignacio opposed the defense’s request that the hearings be held only once a week, though. "It should be over by June," he said in Filipino. "We should continue the hearings twice a week to prevent delays. Erap might complain again."

On the other hand, Estrada’s lawyers told reporters yesterday they will file a motion for reconsideration following the court’s denial of its petition to have Estrada transferred to his house on Polk Street in Greenhills, San Juan to allow him at least a month to prepare for his court appearance.

"We are definitely filing a motion for reconsideration on the modification of his custodial arrangement which we are entitled to," Saguisag said. "If the government will allow a move to the VMMC, why not Polk Street?"

Meanwhile, Villa Ignacio said yesterday Estrada’s plunder trial could hit a snag if Leonardo-de Castro or Justice Francisco Villaruz is named to the Supreme Court.

"They are qualified and competent for the Supreme Court, but I hope they finish the trial first," he said. "Sitting members are different," he said. "They (alternate justices) might say they need more time to study the cases again and this could be seen as an excuse for delay." — Mike Frialde