Estrada has asked the Sandiganbayan that his court appearance be scheduled for March 29 instead of tomorrow.
Justice Diosdado Peralta, a special division member, ruled in open court that Estrada’s request to postpone his testimony until March 29 was "too long."
However, the court will allow a seven-day postponement, or until March 22, to enable Estrada to prepare his testimony as his lawyers had requested, he added.
In a two-page manifestation and motion filed on March 8, Estrada said March 15 "may be too soon" for defense lawyers to present their evidence in court.
Former senator Rene Saguisag, Estrada’s lead counsel, told the court his client’s condition following surgery to remove a cyst in his left eye had delayed preparation for his court appearance.
"May we just stress that because of the principal accused’s ailing eye, it has not been easy for him to read and review the voluminous documents or even outlines and summaries that he would need to study for optimal preparation for the time he will take the witness stand," read Estrada’s motion.
Saguisag said that much time needed to prepare Estrada to take the witness stand and testify in his defense had been lost as doctors had requested the former president to refrain from reading anything for at least a week after surgery.
On the other hand, Special Prosecutor Dennis Villa Ignacio said he is not surprised by the defense’s request to postpone the March 15 hearing because their aim is to delay the proceedings.
"Sayang ang aming preparation (Our preparation was just wasted)," he said.
He would not be surprised if Estrada sought another excuse to postpone the March 22 court appearance, he added.
Villa Ignacio dared Estrada’s lawyers to present their client in court so he could personally state whether he is ready or not to testify.
"The actions of his lawyers in court are contrary to the public pronouncements of the former president who says he is raring to testify so the people may know the truth," he said.
Government prosecutors would only need three trial days to complete their cross-examination of Estrada, Villa Ignacio said.
The special division has ruled that Estrada take the witness stand every Wednesday, from 9 a.m. to 4:30 p.m., with a break from 12 noon to 2 p.m.
Estrada underwent surgery last Feb. 23 at the San Juan Medical Center to remove a cyst in his left eye.
The operation was performed by Dr. Amadeo Veloso Jr., an ophthalmologist of the Asian Eye Institute in Makati.
Estrada stayed at the hospital for four days after the surgery and was later flown back by helicopter to his place of detention in Tanay, Rizal.
Before the operation to remove the cyst, Estrada also underwent treatment early last month for a bacterial infection of the eye.
After his infected right eye was treated, doctors then performed cosmetic surgery to remove excess skin from his eyelids.
Retired Manila fiscal Jose Flaminiano, Estrada’s other lawyer, said doctors requested that their client not read documents for at least a week as part of his recovery period.
As part of Estrada’s defense, he will be asked to read and review voluminous documents and witness accounts, he added.
Flaminiano told reporters yesterday the defense panel would follow the court’s order setting Estrada’s court appearance on March 22.
However, they may file a motion for reconsideration or may even seek recourse from the Supreme Court on the constitutional issue of due process, he added.