Estrada makes late trial appearance

Estrada says he would attend the trial if he is ordered by the police

By Rufi Vigilar
CNN

MANILA, Philippines (CNN) -- Deposed Philippine president Joseph Estrada made a late appearance at his trial on plunder charges Monday despite saying earlier he would boycott proceedings.

Former Chief Justice and Estrada lawyer Andres Narvasa accompanied Estrada and his son, Jinggoy, to the Sandiganbayan anti-graft court at 2 p.m. (0600 GMT), almost an one hour after the scheduled start.

Other defense lawyers were absent, standing their ground that Monday's trial was "premature."

They cited previous commitments to other clients of "equal importance" and a motion questioning the plunder law and calling for the trial's postponement until the Supreme Court rules on the issue.

Estrada is accused of acquiring some four billion pesos ($78 million) during his 30 months presidency from illegal gambling proceeds, government tax kickbacks, and commissions from stock purchases by state pension funds in crony firms.

He had been advised not to attend the trial by his defense team.

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Estrada said it was his right not to attend though in statements carried by the local press, he said that he would not resist if he was ordered to attend.

The three judges of the anti-graft court ordered police to produce the former president.

Speaking on local radio earlier, defense counsel Raymond Fortun said the defense team cannot be "kicked around or pushed around into attending this hearing."

"We have agreed not to attend this afternoon," Fortun said. "The trial is premature."

Seeking closure

Monday's trial is seen to give closure to Estrada's impeachment trial in January which was aborted by widespread protests over a Senate tribunal's vote to reject bank evidence.

Demonstrations backed by the military and key Cabinet officials led to Estrada's ouster days later, with his then Vice President Gloria Macapagal-Arroyo being sworn into power.

Estrada is accused of plunder together with his son, Jinggoy, a former municipal mayor. They both face a possible death penalty.

The plunder trial is the country's first ever involving a former Philippine head of state.

Extra security

More than a thousand police personnel were already being deployed Sunday night, with demonstrators for and against Estrada expected to gather along the route from the military hospital in Quezon City where he is detained to the anti-graft court some five kilometers away.

Defense lawyers have tried to postpone the plunder trial and spare Estrada the embarrassment of being continually brought to court.

They accuse presiding judge Anacleto Badoy of "unilaterally" deciding on the trial date and of playing to the media and public opinion.

Estrada lawyer Rene Saguisag said that their court appearance Monday is uncertain due to previous commitments to other clients who are "of equal importance".

Plunder law questioned

Defense lawyers are also invoking Estrada's right to waive his court appearance, which they say was agreed on during a pre-trial hearing last month.

But the chief government prosecutor, Ombdusman Aniano Desierto, is invoking a court order and warned that the deposed leader would be "physically brought to court" if he resisted.

Defense lawyers have also questioned the legality of the country's plunder law and have filed a motion before the Supreme Court to put off the trial until the issue is resolved.

Estrada himself had pushed for the passage of the plunder law during his term.

Government prosecutors have called the legal move a "nuisance motion" and accused defense lawyers of deliberately delaying the plunder trial.

Estrada will also be tried for perjury in late October, for allegedly cheating on his 1999 statement of assets and liabilities.