"They have failed to impeach the credibility of President Estrada. The failed cross-examination was fatal to the case. An acquittal is forthcoming," defense lawyer and former Bureau of Immigration chief Rufus Rodriguez told a press conference at Club Filipino in Greenhills, San Juan.
Rodriguez said the prosecution panel led by Special Prosecutor Dennis Villa-Ignacio has weakened its own case against Estrada by deciding not to cross-examine him on the plunder charge against him and instead focusing on the Impsa deal with an Argentina firm, which was later ruled as a collateral issue by the court.
"He (Estrada) had opened himself to cross-examination, but (the prosecution) have failed," he said.
"It is a blunder on the part of the prosecution when they did not cross-examine President Estrada on plunder. This means they are committing to the truthfulness of the testimony of President Estrada during the direct examination," former Maguindanao congressman and defense lawyer Didagen Dilangalen added.
Last Wednesday, Villa-Ignacio abruptly terminated his cross-examination of Estrada after Sandiganbayan Special Division Presiding Justice Teresita Leonardo de Castro sustained an objection by defense lawyers against presenting video footage in court allegedly showing Estrada signing a contract with the Argentine power firm Impsa at Malacañang in 1998.
Villa-Ignacio intended to impeach the credibility of Estrada as a witness by showing through the video clip that the former president had granted a sovereign guarantee for the contract, which was directly opposite his earlier testimony that he did not sign any guarantees for foreign firms.
Rodriguez also told reporters that Estrada did not approve of the grant of any sovereign guarantee relative to the Impsa deal. According to Rodriguez, the grant of sovereign guarantee to Impsa was only made during the Arroyo administration through a legal opinion issued by former justice secretary Hernando Perez.
Following the refusal of the court to allow the showing of the video, prosecution star witness Ilocos Sur Gov. Luis "Chavit" Singson said he would bring the video to the people.
Defense lawyers, however, cautioned Singson against showing the video in public as it would be contrary to the rule of law.