Ailing Erap, Jinggoy excused from trial

Deposed President Joseph Estrada and his co-accused son, Jinggoy, were excused on health grounds from a hearing of their corruption trial yesterday, court officials said.

The special anti-graft court granted the Estradas’ motion to let the two defendants return to the Veterans Memorial Medical Center (VMMC) in Quezon City where they are being detained because the father was suffering from pain in his legs while the son had heart problems.

The barong and khaki-clad father and son, who theoretically face the death penalty if found guilty of plunder or massive corruption, left the courtroom with their battery of lawyers within minutes after they entered.

Estrada later told journalists he normally receives steroid injections in his knees each time he leaves the hospital but he did not receive the treatment this time for reasons he did not discuss.

"My personal physician was not able to inject steroids in my knees. That is why it hurts," the former president said.

The father and son accused were allowed to return to the VMMC at 2:55 p.m. after presiding Justice Minita Nazario held a 90-minute conference with defense and prosecution lawyers.

It was the first hearing of a special anti-graft division created specially for the Estrada case after his earlier trial was disrupted by legal disputes and squabbles among the Sandiganbayan judges.

The trial proceeded without Estrada’s presence with defense lawyers cross-examining Willie Ng Ocier, a businessman who had linked Estrada to insider trading.

The fallen president, before heading back to the hospital, claimed he was being singled out by the Supreme Court when it created the special division to handle and hasten the trial of all his cases.

In an interview, Estrada said that his lawyers will question the validity of the creation of the special division.

"I think I am being singled out. There are cases in the Sandiganbayan that involved billions of government funds, pero hindi nagtayo ng special court or special division (but no special court was created). My lawyer will question that," he said.

Estrada was toppled in a military-backed popular revolt a year ago.

The 64-year-old has denied charges that he took bribes from illegal gambling operators, skimmed off state funds and engaged in insider trading, among others.

Estrada has been suffering from problems in his eyes and his knees and has requested to be allowed to travel abroad to seek treatment. However this has been denied.

He said he was due for another eye operation next month to remove a cataract from his right eye.

His son, a former mayor of San Juan town which the Estrada family has controlled for four decades, has a heart problem and was recently rushed to hospital reportedly after he suffered a stroke.

Asked to comment on the statement made earlier by President Arroyo that she is a president with a high intelligence quotient while Estrada merely had charisma, Estrada said: "IQ can easily be acquired through studies; charisma is God-given."

He also refused to comment on the second impeachment case to be filed against Ombudsman Aniano Desierto, who is prosecuting Estrada.

In yesterday’s trial, Justice Nazario set the continuation of the cross-examination by the defense lawyers on Ocier to Wednesday at 2 p.m.

In an open court ruling, Nazario set the succeeding trials of Estrada for plunder to Mondays and Wednesdays, from 9 a.m. to 12 noon. – Jose Rodel Clapano