Tuesday, January 24, 2012
IT'S THE PROSECUTION WHO'S DELAYING THE TRIAL!
At the rate things are going in the impeachment trial of Chief Justice Renato Corona, it’s the prosecution and not the defense which is delaying the trial.
And before anyone is MISLED by claims of the prosecution to the contrary, consider these:
Since last week, the prosecution has been batting for the inclusion of
’s alleged ill-gotten wealth in Article 2 of the Articles of Impeachment. Corona
But due to the continuing objection of the defense, both sides were ordered to submit their respective memoranda before the issue is resolved.
In yesterday’s (Jan. 24) hearing, the defense was ready with their memorandum. The prosecution WAS NOT! And all that the prosecution could say was there was no deadline in the first place for the submission of their memorandum.
Still, the prosecution wanted to put Bureau of Internal Revenue (BIR) Commissioner on the witness stand in pursuit of the alleged ill-gotten wealth angle.
Naturally, the defense objected and one discussion led to another until the session was adjourned without having taken up anything. Obviously, had the prosecution been ready wit their memorandum, it would have been a totally different story.
Lead prosecutor Niel Tupas tried to ask for ‘flexibility” in asking questions. He said the defense raised at least 30 objections during last week’s proceedings, and the prosecution rephrased their questions at least 20 times.
But when presiding Senator-Judge Juan Ponce Enrile asked him how flexible would he want the chair to be, Tupas COULD NOT ANSWER!
Enrile even tried to help Tupas by asking the prosecutor: “Are you suggesting that we should allow misleading questions? Are you suggesting that we should allow hearsay evidence? Are you suggesting that we should allow argumentative questions?”
Tupas answered in the negative.
Enrile continued: “Are you suggesting that we should allow hypothetical questions? Are you suggesting that we should allow leading questions, teaching the witness what to say?”
Tupas could only reply “That’s not the suggestion of this representation.”
Sen. Miriam Defensor Santiago asked both the prosecution and the defense about the number of witnesses that they would present in the entire trial.
Tupas replied they were supposed to present seven witnesses yesterday. But when pressed for the total until the trial ends, he FAILED TO ANSWER IMMEDIATELY and instead shook his head!
When Tupas finally replied that he would have to ask,
bluntly told him: “That’s not acceptable. You come to court prepared. You will not waste the time of this court.” Santiago
Lead defense counsel Serafin Cuevas instantly replied to
that the defense was prepared to present 15 witnesses. Santiago
Two points in one, guys:
Whether they like it or not, the PROSECUTION HAS TO FOLLOW THE RULES in presenting their evidence and witnesses! What for are the rules if they will be disregarded?
If only the prosecution will do their homework DILLIGENTLY, any objection by the defense would be ruled on SWIFTLY with no lengthy discussions and it would be smoother sailing for them.
The floor is yours, ladies and gentlemen! 30