State witness Ruby Tuason reads her opening statement during the Feb. 13, 2014 Senate Blue Ribbon Committee hearing on the alleged pork barrel scam as Justice Secretary Leila del Lima (right) and whistle-blower Benhur Luy (left) listen. (MNS photo)
MANILA (Mabuhay) – A shouting match among marred the bail hearing of Senator Jose “Jinggoy” Estrada on Monday as lawyers argued about the involvement of state witness Ruby Tuason in the Malampaya fund scam.
During cross examination, Estrada lawyer Sabino Acut Jr. asked Tuason if she applied for immunity from charges related to the alleged diversion of P900 million in funds to bogus foundations linked to Janet Lim-Napoles, the accused architect in the pork barrel scam.
Prosecutors led by lawyer Hazel Decena Valdez objected, saying the Malampaya fund scam was not relevant to Estrada’s plunder case over the alleged misuse of Priority Development Assistance Fund (PDAF) being heard before the Sandiganbayan Fifth Division.
But the court permitted the question, to which Tuason confirmed that she did apply under the Witness Protection Program in relation to the Malampaya fund scam.
“I applied for immunity for all,” Tuason said.
Acut then asked Tuason to confirm her sworn affidavit dated Feb. 4, 2014, that she allowed the delivery of the Malampaya funds to her house.
At this point, Tuason’s lawyer Dennis Manalo stood up and accused Estrada’s defense lawyers of harassing his client.
“They are going against the witness’ right to self-incrimination that are touching on the merits of the Malampaya which has nothing to do with this case,” Manalo said.
“But this was marked as evidence by the prosecutors!” Acut loudly retorted.
“It is my right as a lawyer to protect my client. You are acting as the defense counsels for the Malampaya case!” Manalo shouted.
Another Estrada’s lawyer, Paul Mar Arias, questioned the authority of Manalo to intervene for his client while Tuason was being cross examined.
Fifth Division chair Associate Justice Roland Jurado banged the gavel to break up the shouting match.
However, Arias kept on talking which irritated Jurado who pointed at him and shouted: “I will fine you! P500!”
When the dust had settled, prosecutor Valdez asked the court to admonish the defense for repeatedly pointing their fingers at Tuason.
“The witness has the right not to be harrassed,” Valdez said.
But Acut said only one gesture was made.
Estrada’s lawyers then turned the tables on Tuason, whom they accused of being “arrogant” when addressing the defense. They said she had refused to call by them “sir.”
At one point, Tuason was asked about her opening statement during the Senate Blue Ribbon committee hearing on February 13, 2014, when she cited her Feb. 4, 2014, sworn statement executed when she was in hiding in San Francisco, California.
The prosecutors said the witness already answered the question, but Tuason shook her head.
When Acut asked her if her shaking her head was addressed to the prosecution, Tuason bluntly said: “Im shaking my head because of you, not because of her.”
“May we ask the court to admonish the witness. I noticed she just answers Yes or No. There is an air of arrogance in the person,” Estrada’s lawyer Noel Malaya said.
The social secretary of Estrada’s father, former President Joseph Estrada, had admitted before a Senate hearing that she delivered bags of kickbacks to the Senate office of Estrada.
She also admitted before the Sandiganbayan that she served as Estrada’s agent in 2004 and in 2008 and that she had received a 5 percent and 10 percent commissions from Estrada’s pork barrel projects, respectively.
She had returned to government her kickbacks amounting to at least P40 million as a condition for her to become state witness and thus immune from suit.
But her immunity does not save her from prosecution over the alleged Malampaya fund scam, where victims of a typhoon were deprived of P900 million in assistance after the funds were purportedly
The charges over the pork barrel scam have resulted in the detention for plunder of Estrada and Senators Ramon Revilla Jr. and Juan Ponce Enrile, as well as of former representatives Rizalina Seachon Lanete and Edgar Valdez.(MNS)