Delay may stall Estrada plunder trial

Looking disheveled, Estrada appeared in court on Monday

By Rufi Vigilar in Manila

MANILA, Philippines (CNN) -- The trial of former Philippine president Joseph Estrada on charges of perjury and plunder may be delayed after his defense lawyers successfully postponed a court hearing Wednesday.

The delay of the court hearing, on the charge of using an illegal alias, follows a boycott by defense lawyers on Monday, the first day of the deposed leader's plunder trial.

Anti-graft court justice Anacleto Badoy told CNN that Estrada's arraignment for the illegal alias charge was put off because the defense panel had "revived a motion to remand the case".

Badoy said ruling on the defense motion would not take more than a month, but added that the illegal alias charge is closely related to the plunder case and may affect its progress.

Estrada is accused of using an alias to open bank accounts allegedly concealing illegal gambling proceeds, tobacco tax kickbacks, and other ill-acquired funds during his 30 month term.

The defense panel contends that it had been denied due process because it was deprived of presenting a counter-affidavit to the illegal alias charge before the Office of the Ombudsman, which investigates cases against government officials.

"The charge may have to be thrown back to the Ombudsman" before it can be taken up in court, Badoy said.

Treated unfairly

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The illegal alias charge resurrects the controversial bank accounts brought up during Estrada's impeachment trial which stalled in January.

A Senate tribunal's rejection of evidence on the bank accounts spurred massive protests backed by key military and Cabinet officials, which eventually led to Estrada's ouster days later.

He was replaced as president by the then vice-president Gloria Macapagal-Arroyo.

One of Estrada's lawyers complained that they were not told of the court order promptly, arguing that the court had been treating them unfairly.

"We got no formal notice. We're always the last ones to know. We're always being treated this way," lawyer Rene Saguisag said.

Another member of the defense team, Raymond Fortun, left for New Zealand Wednesday to attend a law conference.

Lawyers squabble

Estrada's supporters demonstrated outside the court

Tension continues to fester between the anti-graft court and government prosecutors on one hand and the defense panel on the other.

Estrada's lawyers boycotted the start of the deposed leader's trial for alleged plunder Monday, protesting what they called its "unilateral" scheduling.

Although he had invoked his right to waive a court appearance, Estrada arrived at the court late, looking haggard, wearing slippers and escorted by police. Estrada accused the court of "judicial terrorism".

Saguisag said the defense lawyers were absent because the anti-graft court had set the trial date without consideration for their previous commitments.

Estrada and his two co-accused, son Jinggoy and former lawyer Eduardo Serapio, were "denied their human and constitutional right to counsel," Saguisag said.

Baring any delays, Estrada's plunder trial is set to resume on October 17, while his trial for perjury begins on October 29.