Erap lawyers spring surprise, call chief prosecutor a ‘hostile witness’

Ever heard of a prosecutor testifying as a witness for the defense in a trial he’s prosecuting?

Defense lawyers in former President Joseph Estrada’s trial yesterday sprang a surprise by calling the lead prosecutor, Dennis Villa Ignacio, as their next witness in an effort to prove there was "selective prosecution."

But the court stopped them from proceeding, saying they should press charges instead of using the trial for this purpose.

"We believe that the prosecution in this case has abandoned its role to see to it that justice is served. The prosecution is not supposed to represent a particular party to a controversy," lawyer Jose Flaminiano told the Sandiganbayan’s special three-member tribunal.

Flaminiano said they wanted to prove that the prosecution had been hostile to Estrada and had violated his rights to due process and equal protection under the law.

None of the illegal gambling barons mentioned by Ilocos Sur Gov. Luis Singson, the main prosecution witness, were ever charged and they should be included in the corruption charges filed against Estrada, Flaminiano said.

But Justice Diosdado Peralta cut Flaminiano short before Villa Ignacio, surprised by the defense tack, could take the witness stand.

He told the defense the trial was not the proper forum for their questioning. "The proper thing for you to do is file the necessary case against the special prosecutor."

Flaminiano stood his ground, however. "We’re not going to do that. We just want to demonstrate the hostility of the prosecution from the very start. They have not performed their duty to render justice."

Peralta replied: "Rendering justice is the duty of the court."

Presiding Justice Teresita Leonardo-de Castro then suspended the hearing and called for a 15-minute executive session during which she summoned both sides to her chambers.

After the conference, the court gave the prosecution 10 days to submit a written objection to Flaminiano’s strategy.

Describing the tack as "very desperate," Villa Ignacio initially refused to take the stand and argued that a subpoena would be needed first.

"I find the strategy to be simply a dilatory move because they have not presented any substantial evidence. Why me? They can call Jay Flaminiano or Martin Pison to save the day for them. This is very, very unusual. Apparently they have no other witness," Villa Ignacio told reporters after the hearing.

Estrada was ousted in 2001 by a military-backed popular uprising following Singson’s accusations that Estrada illegally amassed up to P4 billion from an illegal gambling protection racket that he ran during his 31-month presidency. He was replaced by then vice president Gloria Arroyo.