‘Sandigan justices too soft on Estrada’

The special division of the Sandiganbayan has been too soft with jailed former President Joseph Estrada who has been "maligning" the entire judicial system, two private prosecutors decried yesterday.

Meanwhile, Estrada said that no amount of reassurances by the justices of the anti-graft court could convince him that he would be given a fair and impartial trial.

Lawyers Leonard de Vera and Marichu Lambino said that instead of "pampering" Estrada, the special division headed by Associate Justice Minita Chico-Nazario should have cited Estrada in contempt for the ousted leader’s outbursts against the judicial system right in their own courtroom.

Lambino said that Estrada’s claims that the Sandiganbayan is a "kangaroo court" and his actions last Friday at the special division are "contemptuous."

"Why did the court allow him to do it and not cite him in contempt? Even the Ombudsman did not move for the court to discipline Estrada!" Lambino protested.

De Vera, convenor of the Equal Justice for All, said that he also finds it strange for Nazario and division members to "go out of their way" to assure Estrada that he would be given fair trial.

"I find it strange for the justices to assure Estrada with matching Holy Bible that he would be given fair trial. This is the first time that a justice is begging to an accused. I believe that Estrada is being treated like a spoiled brat," De Vera said.

He reminded the magistrates that the people of the Philippines, the complainant, should be given equal preference by the court.

Estrada has fired all his lawyers and has rejected all court-appointed lawyers, saying the special division was created to convict him.

De Vera noted that Estrada has three demands for his return to the court: the resignation of Chief Justice Hilario Davide and Supreme Court Associate Justices Antonio Carpio and Artemio Panganiban, abolition of the death penalty and his knee operation in the United States.

He said that the special division should not allow Estrada to leave for the US.

"Once it pushes through for sure he will not return to the country," De Vera contended.

Lambino is also convinced that Estrada would not return if allowed to leave the country as she asked the Sandiganbayan to stop treating the disgraced leader with "kid gloves."

"The government should not forget that the case involves Estrada’s plunder of P4.2 billion in government money. Once he is allowed to travel abroad, all is lost in the government’s effort to prosecute him. Once this happens, I will walk out from Estrada’s prosecution," Lambino said.

This came as Estrada said no amount of reassurances by the Sandiganbayan could convince him that he would be given a fair and impartial trial.

He said he is convinced that the Sandiganbayan would convict him for plunder and other graft charges because if he is acquitted, he would have to be reinstated at Malacañang.

"So I have no chance. Ginigipit ng ginigipit nila ako (They are continually harassing me)," Estrada charged.

Reacting to Estrada’s statements, Presidential Spokesman Rigoberto Tiglao said Estrada’s acquittal, if ever, has nothing to do with the legitimacy of the Arroyo administration.

Tiglao said that the Supreme Court has already affirmed with finality the legitimacy of the Arroyo administration, and that the decision has nothing to do with Estrada’s guilt or innocence in the plunder case.

In a press briefing at Malacañang, Tiglao dismissed allegations that the Palace was behind the apparent "kid-glove treatment" of Estrada by the Sandiganbayan.

"The Sandiganbayan is very independent. They have their own position; they make their own decision. Former President Estrada castigated them, and the Sandiganbayan, in turn, castigated him, too," Tiglao said.

Estrada said that unlike his former lawyers who could be disbarred if they criticized the high tribunal, he is not afraid to speak out against Davide and the SC justices concerned.

Estrada, who has refused the services of the court-appointed lawyers, said he would not furnish these lawyers the pieces of evidence now with his defense panel.

"That’s my personal property!" he stressed.