Maceda: Cayetano should inhibit self from Estrada trial

Presidential spokesman Ernesto Maceda said yesterday that Sen. Rene Cayetano should inhibit himself from sitting as judge in the ongoing impeachment trial of President Estrada.

Mr. Estrada himself was enraged after the senator, in a privilege speech before the impeachment tribunal the other day, accused the Chief Executive of masterminding efforts to discredit Caye-tano’s investment in the controversial gaming firm Best World (BW) Resources Corp.

The President dismissed Cayetano’s allegations, saying that the senator was only trying to divert the attention of the people from the "very serious accusations" against him.

Sen. Juan Ponce Enrile echoed Malacañang’s call, saying Cayetano’s referral to the President as "Jose Velarde" indicated pre-judgment of the case still pending before the impeachment court.

Cayetano on Wednesday defended himself before the court after BW majority owner Dante Tan revealed that Cayetano and his congressman-son Alan Peter were among those who benefited from the BW scandal.

In his speech, Cayetano admitted that BW was among several shares in his investment portfolio but denied any wrongdoing in the transactions.

Instead, he claimed the matter was brought up at this time on the instructions of Mr. Estrada, whom he accused of intervening for the acquittal of the suspects in the celebrated Vizconde murder case.

Cayetano claimed in court that Mr. Estrada urged him, former Justice Secretary Serafin Cuevas, Parañaque Regional Trial Court Judge Amelita Tolentino and Chief State Prosecutor Jovencito Zuño to acquit the suspects in the Vizconde case.

But Maceda said Cayetano’s "emotional outburst" prevented the senator-judge from handing down an impartial verdict.

"He cannot claim to remain an impartial judge in the President’s impeachment trial with this privilege speech and emotional outburst the other day," Maceda said after a pro-Estrada rally in Makati City.

Maceda also said that Cayetano raised another alleged crime that has no bearing and is not even included in the articles of impeachment being tried by the Senate.

He was referring to the Vizconde case where several scions of prominent families were convicted for raping and slaying a pretty coed and killing her young sister and mother in Parañaque City.

Among the convicted rapists-murderers was Hubert Webb, son of former Sen. Freddie Webb, another friend of the President. Cayetano acted as private prosecutor in the case.

"Therefore, he is directly and unintentionally trying to influence the impeachment court about the President’s character and actuation. Senator Cayetano has committed a flagrant intentional foul and should be ejected from the playing court," Maceda said.

Maceda said that since Cayetano was then an officer of the court trying the Vizconde case, he should have reported the matter at the time.

"I would like to remind Senator Cayetano that, together with Judge Amelita Tolentino and Chief Prosecutor Jovencito Zuño, (they) were court officers and should be duty-bound to file the appropriate charges immediately at the time when the alleged intervention happened," Maceda said.

Enrile, one of Cayetano’s former senior law partners, repeated Maceda’s view and asked the impeachment tribunal to expunge Cayetano’s privilege speech from the impeachment tribunal’s records.

Enrile said Cayetano’s statement that the President was also "Jose Velarde," indicated that Cayetano had already pre-judged the case.

Impeachment prosecutors allege that Jose Velarde is the fictitious name on the bank account that the President allegedly used to launder protection money from illegal gambling operators.

Enrile’s motion, however, was not put to a vote after Sen. Vicente Sotto III amended it so that Cayetano’s speech would be referred to the appropriate Senate committee.

Sen. Raul Roco agreed that the privilege speech was immaterial to the impeachment trial but he saw no reason to bring Cayetano before the Senate committee on ethics even if Cayetano might have made millions from his BW investment.

"In fairness to Rene, he announced his purchase of Best World shares a long time ago. He never hid it. That’s why he inhibited himself from the investigation of the Best World scandal by the committee on banks," Roco said.

At the same time, Roco expressed hope that the judges in the impeachment tribunal have not made up their minds in the case even if the prosecution was already presenting its third case.

"I hope not a single senator-judge has made up his mind, otherwise he should step out. That’s what law trials are for," Roco said, stressing the importance of hearing the side of the defense.

Meanwhile, Chief State Prosecutor Jovencito Zuño does not seem inclined to testify against the President on Cayetano’s allegations, sources told The STAR.

The source, who is close to Zuño, said the chief state prosecutor was surprised by Cayetano’s revelation since the senator did not consult him beforehand of his plan to disclose such things.

Zuño took an indefinite leave starting yesterday after he met with Justice Secretary Artemio Tuquero in the morning.

The source said Zuño wanted to avoid the mounting pressure for him to speak because "he is still part of the government."

The source quoted Zuño as saying it would be up to Cayetano and former Justice Secretary Serafin Cuevas to testify on the matter. — Marichu Villanueva, Rainier Allan Ronda, Efren Danao, Aurea Calica, Jess Diaz