Defense: Prosecution failed to prove case 'beyond reasonable doubt'

(Updated 7:52 a.m.) Hours before the Sandiganbayan's scheduled promulgation of its verdict on deposed President Joseph Estrada’s plunder case, defense lawyer Atty. Jose Flaminiano on Wednesday morning said the defense panel is confident that the former President will be declared innocent by the anti-graft court. In a live telephone interview aired over GMA-7’s Unang Hirit, Flaminiano said the prosecution panel failed to substantiate “beyond reasonable doubt" the accusations pressed against Estrada. “Kami naman ay very confident kami na mapapawalang-sala si Pangulong Estrada. Alam mo naman ang any ordinary criminal case, there is always that presumption of innocence. Yung pagpapalagay na walang kasalanan ang akusado at ang obligasyon ng prosekusyon na patunayan ang lahat ng elemento ng krimen beyond reasonable doubt (We are confident that former President Estrada will be acquitted. We know that in any ordinary criminal case, there is always that that presumption of innocence. That presumption that an accused is innocent and the responsibility of the prosecution to prove the elements of the crime beyond reasonable doubt)," Flaminiano said. “Sa palagay ko nabigo ang prosecution na patunayan ito beyond reasonable doubt (We believe that the prosecution failed to prove the case beyond reasonable doubt)," he added. Flaminiano said Estrada appeared upbeat when his lawyers talked with him last Sunday and was confident that he will be declared innocent by the Sandiganbayan. “Upbeat naman sya. Noong Lingo, noong kausap namin, mataas ang kanyang level of confidence na sya ay mapapawalang-sala (He was upbeat. Last Sunday when we talked with him, he was highly confident that he will be acquitted)," Flaminiano said. Flaminiano pointed out weaknesses in the prosecution’s case, saying prosecution lawyers failed to prove that Estrada received jueteng money from former Ilocos governor Luis “Chavit" Singson. The lawyer also said that no jueteng lord was presented throughout the trial to prove that the illegal numbers game existed in areas where the supposed jueteng money came from during Estrada’s tenure in office. The defense lawyer also said that on the issue of tobacco excise tax, it has been proven that it would have been impossible to physically carry the sum amounting to P130 million that was supposed to have been brought to Estrada’s residence at Polk St. in Greenhills. Flaminiano also noted that the sworn statement of one of the main witnesses, Estrada’s associate Charlie “Atong" Ang, will not be used as basis for the anti-graft court’s verdict on Estrada’s plunder case. In the plea-bargain, he admitted delivering part of P130 million tobacco excise tax funds to Estrada's Greenhills residence. Ang also admitted pocketing P25 million, which he would return to the government by offering his family's mansion at Corinthian Gardens in Quezon City in lieu of cash. “Sinabi namang mariin ng Sandiganbayan na hindi apektado ang kaso ni Pangulong Estrada o hindi magagamit laban kay Pangulong Estrada ang anumang sinabi ni Atong Ang sa kanyang plea bargaining (The Sandiganbayan stressed that Ang's plea bargaining will not affect former President Estrada's case and whatever was said may not be used against former President Estrada)," Flaminiano said. On March 19, the Sandiganbayan sentenced Ang to up to six years in prison on charges of corruption of a public official after Ang entered a plea bargaining agreement. He was ordered released by the anti-graft court on May 25 and placed on probation. Nonetheless, Flaminiano said both Estrada and the defense panel are prepared to accept the Sandiganbayan’s verdict, noting that an adverse verdict may still be appealed before the Supreme Court. “Nakahanda kami. Sinabi naman ni Pangulong Estrada na kung ano ang magiging desisyon ng Sandiganbayan ay susunod sya. Ito naman ay appealable sa Korte Suprema kung sakali (We are ready. Former President Estrada himself said that he will follow Sandiganbayan's verdict. The decision may still be appealed before the Supreme Court, if ever)," Flaminiano said. On a personal note, Flaminiano said throughout his long career in law, Estrada’s plunder case is the toughest case he has handled so far. Flaminiano handled a number of highly controversial cases including the Rolito Go case and Vizconde massacre, among others. For his part, Atty. Noel Malaya, a court-appointed de oficio counsel for Estrada said he is expecting the deposed President’s acquittal, saying the prosecution failed to present sufficient evidence against Estrada. Malaya, however, said he could not say how politics will play in the final verdict.