Prosecutor who covered his ears during Miriam's tirade cited for contempt

(Updated 7:07 p.m.) She called them gago in the august halls of the Senate and on nationwide TV. In the midst of Sen. Miriam Defensor-Santiago's lengthy scolding of the prosecution, one lawyer sitting in plain view covered his ears. After a tense confrontation in which the lawyer, private prosecutor Vitaliano Aguirre, called on Santiago to give them some respect, Aguirre was cited for contempt and led out of the impeachment courtroom. But before he exited, Aguirre was able to voice what some prosecutors say privately was a common sentiment. "Dapat po lamang na kahit ang senador ay judges at kami'y hamak na prosecutors, ang pinaka-importante sa isang tao ay respeto," he said while standing before one of the podiums on the floor while live cameras were airing his words across the nation. "Kung nakasakit ang actuations ko po, I really did it purposely because totoo naman po na shrill ang voice, nasasaktan ang tenga ko."   Sen. Pia Cayetano seconded Santiago's motion to cite Aguirre for contempt.   The prosecution team apologized to Santiago and the court.   "On behalf of the prosecution, I would to express our regrets for what happened to the honorable court especially to the lady from Iloilo for what happened. The private prosecutor is under control so we feel that we have to express our regrets," said Ilocos Norte Rep. Rodolfo Fariñas.  Aguirre did not himself apologize.   Apology accepted, but…   Senate President Juan Ponce Enrile, the presiding officer, said they accept the prosecution's apology but that they will still enforce their decision. "I cannot tolerate any disrespect of this court and to any member of this court as a presiding officer."   "The person concerned was given a chance to explain what he did and why he did it and he openly admitted in court that he did it purposely because he felt offended, and so therefore it was a sign of his disrespect of this court and that cannot be allowed to pass and it must be dealt with according to the rules," he added.   The Senate will discuss Aguirre's punishment in caucus on Monday.   Enrile warned both camps to "take note" of what happened.   "We will no longer tolerate any behavior like this. If you want to participate in this proceeding you are welcome, but if you do not believe in the dignity of this court or its jurisdiction over you, if you think you are better than us, you're entitled to your opinion but we will enforce the rules of procedures that are applicable in a court like this," he said.   Planted?   In an interview with reporters after the trial, Santiago said she was happy that the Senate was "united" in citing Aguirre for contempt.   "Ang isip ng mga judges na nakausap ko kanina, napaligid sila sa akin na itong tao talagang nagpapatawag siya ng pansin.  Sabi ng mga kapwa senador ko, hindi dapat iyon dahil hindi lang ako baka sila [ganunin] din ng kung sino diyang bastos kaya united sila, maski isang senador walang nag-object," she said.   "I think he [Aguirre] just has a mental disorder. A lawyer will never, never aggravate the judge," she added.   But in a statement released later in the day, Santiago said Aguirre was probably "planted" in the court. Aguirre is a well-known lawyer who has represented Sen. Panfilo Lacson and Hubert Webb among others. He also served on the government probe body that investigated the 2003 Oakwood Mutiny.   She said that according to her staff, Aguirre had always been seated before in the gallery and not on the prosecution panel, during which he would reportedly sneer whenever she spoke.   "All of a sudden, today, he sat smack dab in the middle of the front row of the prosecution panel.  He very conspicuously raised each hand against each ear.  The TV news service of a TV station known to be partial to the administration deliberately panned over this lawyer so that he could be seen on nationwide TV," she said.   "The provocation could have been intended to raise my hypertension to an even higher level, precipitating either a stroke or heart attack.  Or the provocation could have been intended to make me deliberately lose my temper and make a spectacle of myself," she added.   Because of the incident, Santiago said her blood pressure rose to 190/90.  Normal blood pressure is 120/80.   But she said she will not participate in deliberating what punishment Aguirre should get.  She likewise noted that this will not affect her judgment in the impeachment trial.   "The more my enemies try to persecute and intimidate me, the more I will continue with my present mode of behavior in the impeachment court," she said.   During the impeachment trial of former President Joseph Estrada, Santiago had asked that members of the audience be thrown out of the court for looking at her "in a provocative way." – KBK/HS, GMA News