Special Prosecutor Dennis Villa Ignacio rejected the claim of defense lawyers that Estrada is no longer a flight risk, and that he needs to be out of detention to prepare his defense against the non-bailable plunder charges.
"He only has two options: face the music or leave the country," he said.
Villa Ignacio said the special division has ruled that Estrada must disprove the plunder and perjury charges against him and that he cannot rely solely on the evidence presented by the prosecution.
The prosecutor said there was "more reason now that he is a flight risk."
"They have not even presented credible witnesses. Erap even offered himself to be a member of a (planned) transition government" that would replace President Arroyo, he said.
Villa Ignacio said the defense’s problems discussing strategy with Estrada were of their "own making" because they moved to relocate the former president to his sprawling estate in Tanay, Rizal.
"They created the problem," he said.
"Sila ang humingi ng transfer sa Tanay, ngayong napagbigyan sila, nagrereklamo sila (They are the ones who asked for his transfer to Tanay, and now that their request has been granted, they are complaining)," Villa Ignacio said.
"They should better withdraw their request. We have always maintained that the Veterans Memorial Medical Center (VMMC) in Quezon City is the best, ideal place for Erap," he said.
Villa Ignacio said Estrada’s lawyers could interview him every day once he is returned to the VMMC, which is more accessible, being in Metro Manila.
"The defense panel’s request for Estrada to stay at his 15-hectare rest house in Tanay, Rizal was granted by the anti-graft court," he noted.
Villa Ignacio also doubted Estrada’s announced reason for seeking bail: to prepare the strategy for his defense.
"He may not testify at all," he said. "That is only a reason to grant him bail. They will use that for him to be granted bail."
Villa Ignacio also downplayed a 1950s case cited by Estrada’s lawyers, former senator Rene Saguisag and retired Manila fiscal Jose Flaminiano, in which the Supreme Court allowed then senator Justiniano Montano to post bail despite the kidnapping charges he was facing.
"It has no factual and legal basis," he said. "Masyadong malabo ’yun (It is too vague)."
The petition for bail has been filed "too late in the day" when the trial is set to wrap up, and after the court had ordered the defense to present its evidence, Villa Ignacio said.
On the other hand, Saguisag said Estrada must be given the freedom to move around, meet with people and access documents that could allow him the strongest possible defense in court.
"Threat of flight, then, is remote, if not indeed nil," he said. "Being a fugitive from justice is not an option."
Flaminiano agreed with Saguisag that Estrada would not flee the country to escape trial.
"He has political and economic roots here," he said. "Two of his family members are members of the Senate."