By Jose Cielito Reganit
MANILA – Vice President Sara Duterte has been presenting her defense outside the impeachment court through public appearances that are neither under oath nor subject to cross-examination, according to a House private prosecutor.
At a press briefing, private prosecutor Lorna Kapunan challenged the defense’s complaint that Duterte would no longer be able to answer allegations under the withdrawn impeachment articles before the senator-judges.
“She is trying the prosecution. She is prejudicing the outcome of this case by having press conferences, by letting her trolls, her followers do the presentation of their side of the narrative. And that is not a proper venue,” Kapunan stressed.
The Senate impeachment court has allowed prosecutors to withdraw Articles I, III and IV, leaving Article II on alleged unexplained wealth as the sole charge that Duterte’s lawyers will formally answer when the defense presents its evidence.
Presiding officer Francis Escudero also lifted the sub judice restriction on the withdrawn articles so both sides could discuss them publicly, although the grave threats allegations are separately subject to proceedings before a regular court.
Kapunan argued that statements made by Duterte outside the impeachment proceedings do not carry the same evidentiary safeguards as testimony presented before the senator-judges.
“Let her present her case in court where we can object. You know, her. Her public pronouncements sa press conferences niya, hindi naman under oath yan. Hindi naman siya subject to cross-examination (in her press conferences are not under oath. Those are not subject to cross examination),” Kapunan pointed out.
The impeachment court had previously warned defense and prosecution counsels over public statements touching on matters covered by its sub judice rule.
“Sana naman ‘yung defense, wag magreklamo kasi yung kanilang kliyente mismo (I hope the defense doesn’t complain, because it’s their own client), the vice president herself, is number one violator of the sub judice rule,” Kapunan maintained.
Kapunan also disputed the argument that Duterte had been deprived entirely of a platform to offer her side of the allegations.
“If they’re saying she hasn’t had the opportunity to present evidence, don’t they monitor their own client? She’s all over town, not only giving her narrative, but spreading misinformation, spreading disinformation, spreading fraudulent assertions without evidence to buttress her public statements,” she said.
Duterte’s lawyers will have the opportunity to formally present witnesses and documentary evidence on Article II when the impeachment trial resumes on Nov. 9. (PNA)
