Senator-judge Panfilo Lacson on Monday advised Vice President Sara Duterte’s defense team to adjust its cross-examination strategy, saying attempts to exploit highly technical or minor gaps in prosecution testimony were not making much impact on him.
During the 30th day of Duterte’s impeachment trial, Lacson said his observation was shared by at least some non-lawyer members of the impeachment court, specifically mentioning his seatmate, Sen. Lito Lapid.
“Ang hangad ko lang po is baka puwedeng mag-adjust kayo ng inyong defense strategy (My only point is perhaps you could adjust your defense strategy),” Lacson said.
“I can speak for myself. Pagdating sa masyadong technical at yung impresyon na nagsisilip lang ng napakaliit na butas, mukhang hindi po nagre-register (When it becomes too technical and gives the impression that you are just looking for very small holes, it does not seem to register),” he added.
Lacson said the defense’s questioning appeared at times designed to create even an “iota of doubt,” giving the impression that the prosecution must establish guilt beyond reasonable doubt.
He said he did not believe that the criminal-law standard necessarily applies to the impeachment proceedings.
“The objective of the cross was to create an iota of doubt, no matter how technical and small, to create the impression that the threshold of establishing guilt is beyond reasonable doubt, which I believe is not the case in this impeachment trial,” Lacson said.
He immediately stressed that the observation was not a judgment on Duterte’s guilt or innocence.
“Hindi po ito (This is not), let me clarify and emphasize, na hindi po ito (that this is not) prejudgment,” he said.
Lacson acknowledged that Duterte’s lawyers had raised several substantial points during the trial, but said excessive focus on technical details could dilute their stronger arguments.
“Marami na rin kayong naipunto in the course of the trial na magaganda (You have raised many good points in the course of the trial),” he said.
But based on discussions with Lapid, Lacson said the defense’s repeated focus on highly technical and minor gaps in testimony was not making much impact on some senator-judges.
The manifestation came as the impeachment court continued Monday with prosecution evidence concerning Article II of the complaint, which covers allegations involving Duterte’s wealth and business interests.
Lacson had also said over the weekend that senator-judges have yet to hear the defense’s evidence and that any eventual decision should be based on evidence presented during the proceedings. (PNA)
